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HomeMy WebLinkAbout522237 WM WELCH COMPANY LLC - PURCHASE ORDER - 9133633of FOCity, Collins Date: 1011312014 Vendor: 522237 WM T WELCH COMPANY LLC ATTN: WILLIAM WELCH 1315 OAKRIDGE DR SUITE 100 FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9133633 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 07/12/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 CHANGE ORDER 1 1 LOT EA 23,556.00 L&L ROW 5 CHANGE ORDER 1 1 LOT EA 40,615.00 Open Space s CHANGE ORDER 1 1 LOT EA 17,059.00 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.mm Total 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 strode the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAWER. 98-04502. Federal Excise Tax Exemption Certificale o1Registry 84 N W587 is registered wish the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sai mes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided bertm or by law, failure to promptly notify the Seller in Ne evem of a branch, the wriamonee ofo, payment far good hereunder he nppro.nl of the design, shall not release the Seller of Goods Referred, GOODS REJECTED due m failure by meet sp cifications, either when shipped or due to defxts of any of the warranties or obligations of this purchase, order and shall not be deemed a waiver of any right of the damage in transit, may be retomed to you for credit and are or to be replaced except upon recess[ of wrinen Purchaser to insist upon strict performance herearm any of its rights or remedies as to any such goods, regardless instmetions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rawission of this purchase order by the Purchaser operate as a waiver of any of the reran Inspection. GOODS are subject o the City of Few Collins inspection an anima Junior. Final Acceptance. Receipt of the merchandise, services or equip tad in response to this order sea result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Too Collins. However, it is In be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable regained inspection procedures, violations are in fact Some by the Punhazer. Thereti fre,nforr good curve and as coruddermon for executing this purchase order, the Seller hereby, sssigm as the Purchaser my and all claims it may now have or hereafter Freight Tema'. Shipments mud, be F'.O.B., City of Von Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or smm antitrust laws for such overcharges relating to the particular goods or "areas otherwise specified on this order. Ifpemaission is given to prepay freight and charge separately. the original firright purchased or acquired by the Purchaser pursuant to this purchase order, bill most maompany invoice. Additional charges for Facing will an, be accepted. Shipment Distance. W%mm manufacturers have distributing proof, in rnrioa, From of the coumry, shipment is expected from the crest distribution point to destination, and excess freight will be deducted fmm Invoice wheat shipments are made from greener distance. Permits. Seller dull procure at sellers sole cost all ntta., permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, lemmry or political subdivision where the work is performed, or required by any other duly emvimred public mnhoriry having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins hornless Bom and against all liability and loss andrrned by them by reason of an asserted or established violation of any such laws, regulations, ordinances, toles on, item ing. Authorization. All parties to this contact agree that the reprcsmmtives art, in fact, bona fide and possess full and omplete authority m bind said senses. LIMITATION OF 'TERMS. This Purchase Order expressly limits acceptance in the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed facts or incorporated herein by refemmc. Any additional or dlBerem terms and conditions proposed by seller are objected to and busby rejected. 2. DELIVERY. I'LBASE ADVISE PURCHASING AGENT' immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the awarder. Delivery and performance must Ire eRecmd within ,he time sorted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance oriental late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the np,air of placing his order elsewhere and holding the Seller liable far 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 firsom ble control and without its fault of negligence, such acts OLGA, cars of civil or military authorities, governmental pnontics, fires, slakes, Bond, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first 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, carrier. mammals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a smolt, ruitme. The Seller agrees to hold the purehaser harmless fmm any loss, damage or expense which tbe Purchaser may suffm no incur oa account of the Sellers branch of warnanry. The Sella shall replace, am. of make good, without cost to the purchsseq any deRcts or faults easing within one (1) year or within such longer grand of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use, of goods by the Purehmer shall rot onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchme order, the Sellers Liability hereunder shall extend to all damages proximately caused by the breach Ferry of the foregoing is. ma.ties or guarantees, bur such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANT Y OR MERCHANTARI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the it—, ether Nan legal toms, malaria, acquires nm dales m umFro the quo originally ordered or M1e specification, or formally, by vwoul or change aide, If any such change affects the amount due or the time of performance haeunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wiinrn change order, terminate this namaxam as to any or all Part of the goods then not shipped, subject to any equitable adjmtmem bemeen the fi ies as at any work or materials Nan in progress provided that the Purchaser Our not be liable for any claims for anticipated profits on the uncompleted portion of the goods an&o, work, for incidental or consequential dama,es, and that no such adjustment be made in favor of the Seller with respat to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Sella of any oflheh obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be toward within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumifted in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncaryoated in agreements of this character are hereby incorporated harbor by this reference. The Sella agrees to indemnify and hold Ne Purchase, harmless from all assts and damages suffered by da Purchaser es a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Ws order, or any monies due or to became due hereunder without the prior written comenr of the other may. 10. TITLE, The Seller warrants full, clear and unmarred title to the Purchaser for all equipment. matedak, and items famished in performance of this agreement free and clew of my and all liens, rtsaicdom, reurvagom, sccuriry to,. encumbrances and claims o f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereaner fis icams its inability w unwillingness to comply, the Purchaser may wuu the work m be perforated by the most expeditious means available to it, and the Seller shall pay all tots associated with such work. The Seller shall .1. the Purchaser and its comracmrs of any at from all liability and claims of any nature reading fmm the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, otlirers and employees oriamb parry. The Sellers contactual obligations, including winow , shall nor be deemed to be reduced, in any way, because such work is Harpooned or caused to be pnfmted by the Purchaser. 14. PATENTS. NTenevv the Seller is requinal Ip use any design, device, maeral or process covered by letter, From, tademark or copyright, the Sella shall indemnify and save remarries the Purchaser from any and all claims fur infringement by reason of the use of such sabred design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense 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 ease said equipment, or any pan thereof or the intended use of the goods, is in such soil held to <.a.,, wfrm Comm and the use of said equipment or pan is enjoined, the Sella shall, was own expense and at its option, either procure for the Pumhnscr the right to swain to min, said equipment ar pans, replare the same with substantially equal but mainfinging equipment, or modify it sat it becomes wara fringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrvpL make an ressigmnem for the benefit of creditors, appoint a receiver or wstee for any of the Sellers property or business, this otter, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitimas oftenms toed or the interpretation afthe agreement and the rights craft panics hereunder shall He nduared under and grommed by the laws of the Smm ofCalo.d., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represencefive(s), an rise premises ofothars. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Seller's own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction m injury to the wad and/or materials before Seller's firuil completion and acceptance, complete the work a, Sell&, own expense and to the sonsfshion of the Purchase. When materials and equipment we furnished by others for installation or erection by the Seller, the Seller shall receive, unload, smut and handle stone at the sim and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occup twoml disease henefits, to it employees employed on or in connection with the work covered by this purchase orda, and/or to their dependenrs yr accordance with the laws of the state in which the work is to be done. The Seller shall also was, comprehereive general liability includina, but not limited tocontractual war amomobde public liability insurance with bodily injury and death limits of at Teat S300,000 for my one person, S500,03K) for any .no accident and property damage limit pa accident of S400,000. The Seller shall likewise require his mmo ors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contraclors employees shall der any work upon the premises of others, the Seller shall famish Ne Purchaser with a certificate quit such efor sawation and insurance have Seen prmided. Such cerrifiwtcv span specify the date when such compensation and imumace have been provided. Such wnifwma shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire respomibiliry and liability far any and all damage, loss of injury ofmy kind or nature what err to persons or property caused by or resulting from the execution ofthe work provided for in ,his purchase order, or in connection renewal, T he Seller will indemnify and hold banmless the Purchaser and any r all of the Pachwers officers, agents and employees from and against any and all claims, aims, dmnages, charges or expenses, whether direct or indirect, and whether to persons ne property in which rise Purchmer may be put or subject by regain of any ant, action, neglect, omission or default on the part of are Seller, any of his contactors, or any of the Sellers or coutmnrns officers, agents or employers. In case any suit r other proceedings shall be brought against the Purchaser, .,as oRcers, a.was or employees at any time on pcmum or by reason of may act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their alfcers, agents or employees ss of said, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers oxn expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgmenrs that may He incurred by or obtained against the Purchaser or any of its or their otficen, agents or employees in such wits or other proceedings, and in care judgment or other lien be placed upon or obtained against the pmpcny of the Purchaser, or said parries in or as a result ofsuch suits or other proceedings, Ne Seller will so are cause the stone to be dissolved and ducharged by giving band in, otherwise. The Seller and his contractors shall take all w&ty precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued Forward thereto. Revised 07=4