HomeMy WebLinkAbout150588 WALSH CONSTRUCTION - PURCHASE ORDER - 9145485Fort Collins
Date: 09/22/2014
Vendor: 150588
WALSH CONSTRUCTION INC
8139 OPEN VIEW PL
LOVELAND CO 80537
PURCHASE ORDER
PO Number Page
9145485 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 09/22/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Invoice # 101-14.1
Poudre Trail Washout
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.mm
1 LOT LS
6,760.00
760.00
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. COMMERCIALDETAILS.
Tax exemptions. By whim the City of Fort Collins ex exempt firm state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60W587 is regisuerer with the Collector of
fica nal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejecter. GOODS REJECTED due to failure or men specifications, either when shipped a due w defects of
damage in transit, may be returned to you for credit and are not m be replaced except upon media of written
instructions from the City OfFor Collins.
Impatiens GOODS are subject to the City of Fon Collins insptrfion no amval.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required insiman i baccabrds.
Freight Terms. Shipments muss be F.O.B., City of Fair Collins, 700 Wand SL, Fort Cathie, CO 80522, unless
otherwise specified on this order. if penm{ssion is given to prepay freight and charge s,.rely, the original freight
bill must acconmanv invoice. Additional carries for oackhm will not be created.
Shipment Drumm. m. Where manufacturers have distributing points in various parts of the comary, shipmem is
avoided fmm the nearest distribution point to dedication, and excess freight will W deducted from Invoice when
shipments art made from greater duruce.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordiwnces and rates of the slope, 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 fuller agrees ro hold the City of Fort Call,. harmless form and against all liability and loss
incurred by them by reason of tin assaed or e,.bbsh,d violation of any such laws, regulations, ordinances, ales
and requirements.
Authorization. All pauies to this contract agree slat the represen snot, are, in fact, ham fide and Proofs full and
complete authanry to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits wroptarm to the forms and conditions armed
herein set forth and any supplementary or additional from and conditions annexed hereto or incorporated herein by
reference. Any additional or different from and cordidom proposed by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE' PURCHASING AGENT immediately if you cannot make complete shipment In arrive on your
promised delivery data as poled. Time is of the essence. Delivery and performance mmr be effected within the time
stated on she purchase order all she docmmenrs attached hereto. No ors of she Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate m a waiver of Nis provision. In the event many delay,
the Purchaser shall have, in addition to ether 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 comrol and without its fault of negligence.
such acts ofGod, acts mcivll or military nuthorilia, gavemmrnlol priorities, fires, strikes, food, epidemics, Oars or
rims provided that notice of the conditions coming such delay is given to the Purchases within five (5) days of the
time when the Seller flow received knowledge thereof In the event of any such delay, the &to of delivery shall be
mmmded for the period equal or the time accully For by reason of the delay.
3. WARRANTY.
The Seller warrants but all goads, articles, materials and work mveml by this order will caform wish applicable
drawings, specifications, samples andor other descriptions given, will be fit for the purymes intended, and
pert rmer with the highest degree of care and competence in accordance with acceped standard far work of a
succor nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage car expense which the
Purchaser may suffer or i.e. On account of the Seller breach ofwaraar, The Shce, shall replace, repair or make
good, without cost to the purchaser, any defect or faults arising within one (1) fair or within such longer period of
time as may be proscribed by law or by the terms of any applicable warranty provided by the Seller after the data of
acceptance of the goods famished hereunder (acceptance nut to he unreasonably delayed), resulting form imperfect
or defective work done or mmmals famished by the Seller. Acceptance or use of good by the Purchaer shall not
conatitate a waiver of any claim under this warranty. Except as otherwise provided in this pmrchase Order, she Sellers
liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing waramies
or guarantees, but such liability shall in no event include loss of profits Or Inns of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may cake changes to legal of. by wring change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser nay make any changes N the tams, other than legal terns, including additions to or &Idiom fmm
me quouniea originally ordered in be xpecfflido ns or drow'ingv, by veAal or waft¢, change abler. If any such
change affects the amount due or the time ofperformame hereunder, an equitable adjustment soli be made.
6. TERMINATIONS.
The Purchaser may at tiny time by wnnen change order, terminate this novae era m to any or all poninos of the
good then not shipped, subject to any equitable adjusunew Mtween fire Dies m to any work or materials thm in
progress provided that the Producer shall not be liable for any claims for anticipated prefrs on be uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ul'the Seller with respect m any goods which are the Sellers standard steak. NO such terminmiun shall relieve
the Pmchmer or she Seller afa, ofine,, obligations as to any good delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be marred within thirty (30) days from the note the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced sold, delivered and furnished in area
compliance with all applicable laws and regulations to which the goad are subject. The Seller shall exedt a and
deliver such document as may be required to effect or evidence compliance. All laws and regulations namirtd to be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and Mid the Purchaser armless from all cost and damages suffered by the Purchaser m is result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, buffid, a convey this order, or any monies due or to become due hereunder without the
prim written consent ofhe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in Perfoammce of this agreement free and clear of any and all liens. ramromps, reservadom, s dmicy interest
emnmbavea and denims Mothers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performances, of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seiler in the event of a
breach the addran , of ar payment for goods Mreu or approve! of the design, shall wor ml. the Seller of
any of the warantia or obligations of this purchase order and shall rat be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any performed
orel modification or rescission of this p.rehase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT Or ANTITRUST CLAIMS.
Seller and the Purchaser mrOgmm that in actual anis practice, overcharges resulting form antitrust
violations we in fan es home by the PurchasThetemfore,for good cause and as mmidemtion for executing this
pum ose cold, the Seller hereby assigrts to the purchaser any all all claims it may now have Or hereafter
acquired under fcderd or state anlwaral law, for such overcharges relating to be Particular goads or services
purchased or acquired by the Purchaser pursuant to this porchnu order.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
Ifthe Purchaser dirtets the Seller to coned amncanforming or defective goods by n date to be agreed upon by the
Purchase, and tM Sella, all the Seller thereafter indicate its inability m unwillingness to comply, the Purchaser
may 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.
The Sale, shall release the Purchaser all its contractors of any tier from all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall dual b the
directors, oRcers and employees of such party.
The Sellers contractual obligations, including wamdny, shall not be diffract to b, reduced, in any way, baause
such work is performed or wood to be, Performed by me Purchaser.
14. PATENTS.
Whenever the Seller is caddied to use any design, deice, material or process covered by letter, patent, uademark
or copyright, be Seller shall indemnify and save harmless the Purchaser from any all all claims for infringement
by ram r of the use Of such paemed design, device, material or prmess in connection with the contact, and
shall indenmify the Purchaser botany cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prostration a aad the completion of the work. In case said equipment, or
any pan thereof or the ineaded use of be good, is in such suit held to cmmitute infringement and the use of
said equipment or Pan is enjoimQ the Seller shall, at its own expense all at its option, either price¢ for the
Purchaser the right to continue min, said equipment or pans, replace the same with substantially equal but
mminfringing equipment, or modify it set it becomes nawar in,in,.
15. INSOLVENCY.
if the Seller shall become insolvent or haNrvpt make an assignment for the benefit of c dibrs, appoint a
reariver or bounce for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dcfnitimrs off,. used or the broarm ration ofhe agreement and the rights Ofail panic hereunder shall be
consumed under and ... amid by the lax, of the Some ofC.1f ado, USA.
The following Additional Conditions apply only in cases where the Seller is to porfanm weak herewder,
barbarian, the adsvea of Sellers Raresenm no(s), ow the premises mothers.
O. SELLERS RESPONSIBILITY,
The Seller shall carry On said work at Sella s own risk until the same is fully completed and accepted, and said.
in u of any accident destruction or injury to she work author materials before Settees foal completion and
acceptance, complete tlrc work w Seller's own expense and m the sadsfacrion of the Purchas.. When materials
and equipment are fortified by be. for installation or.e.ia by the Sellers the Sdter shall receive, unload,
store and candle same at be site and become responsible therefor as though such nationals and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, preside for the payment of worker compeomtion, including occupational
disease benefit, to its employees employed on or in connection with the work revered by this purchase order,
andor to their dependent in accordance with the laws of the sate in which the work is N be dune. the Seller
shall also carry comprehensive general liability includin& but not limited to, contractual and automobile public
liability imurznce with todity injury and death limits of at least S300.000 for any one person, 550o.WJ for any
one accident and property damage limit per accident of S400.000. no Seller shall likewise require his
contractors, if any, to provide for such mmpensatiun and insurance. Before any of the Sellers or his contrdcturs
employers shall do any work up.,, be premises of others, the Seller shall furnish the Purchaser with a adi ificape
but such con,wasition and insurance have been provided. Such maintain Shan specify the &m whea such
compensation and insurance have Imp, provided. Such certificates shall specify the date when such commparties
and inamoomexpires. the Seller agrees bar such cnmpemainer mion and insurance shall be rmtnuntil after be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella, hereby assumes the entire rapstuibility and liability far any and ell dam loss or pro, many kind
or nature wharsoever to consort or primary wood by or resulting firm the execution of be work provided for in
this p ndmse order or in connection herewith. The Seller will indemnify and held harmless the Purchmef and any
r all of the Pumhme,s of irds, agent and employees firm and against any and all claims. losses, &rages,
charges a,..parses, whether direct or iMirect and whither in persons Or property, N which the Purchaser may
be, put or subject by cdown of any act actions neglect, omission or debub on the pan of the Sella. my affix
connectors, or any of the Sellers or contractors oRcers, agent or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, now, or employees at any time on account or
by reaw r of any act, anion, neglect, omission Or default of the Seller of any of his corporations or any of its or
their, effects agent or employees res aforesaid, the Sell. hereby agrees On assume the defense thereof ell to
defand the were at the Sellers con expense, to pay any and ell costs, do wga, attorneys fees and other expenses,
any and all judgment that may be incurred by or.brined against be Purchaser Or my of it or their ofirdic
agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said pries in or as a result ofsuch suits or other proceedings,
the Seller will at once cause she some in be dissolved and discharger by giving bond or otherwise. The Seller wad
his contractors shall take all wfery Frtvautiom, famish and imeall all guard necessary fen she prevention of
accident, comply with all laws and regulations with regard to afay including, but without bmitwtion, the
Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto.
Revised 07n014