HomeMy WebLinkAbout543435 WEIFIELD GROUP CONTRACTING LLC - PURCHASE ORDER - 9146156PO
PURCHASE ORDER 914615er Page
C117/ of PURCHASE
9146156 1 of z
' `tChisnumber must appear
` Collins1 1 on all invoices, packing
sli s and labels.
Date: 10/22/2014
Vendor: 543435
WEIFIELD GROUP CONTRACTING LLC
146 YUMA ST
DENVER CO 80223
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 10/22/2014 Buyer: ED BONNETTE
Note: PER PROPOSAL DATED 10/2/14 (WGC#28380) TO WAYNE BROWN FROM
RODNEY WHITE FOR FCWTF WIRELESS SYSTEM INTEGRATION.
IS BASED ON PROJECT MEETINGS AND WALKTHROUGH WITH CITY AND
H&H DATA TO GO OVER LAYOUT AND LOCATION OF JUNCTION BOXES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
t WCG#28380-FCWTFWIRELESS
SYSTEM INTEGRATION
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.wnn
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
19,114.00
9.114.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCW.DETAILS.
Tax cxempdon. By statute We City of Fort Collins is exempt fiver suite ad local taxes. Our Exemption Number is
I L NONWAIVER.
98-04502. Federal Excim Tax Eare,lion Cenificam of Registry 84-6000551 is registered with the Collamr of
reduce of the Purchaser to insist upon sun performance of the terns and conditions hereof, failure or delay to
Internal Revenue, Denver, Cut..& (Ref. Comada Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval argue design, shall not release the Seller of
Goods Retained. GOODS REJECTED due to failure to all specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may be returned to you for credit and are not to be replaced enter, upon receipt of writer
purchaser to insist upon strict performance hereof or any of its rights or remedies in to any mch grnnls,regardless
instmctions fmm the City of Fort Collin.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my p normed
oral modification or rescission of this puchae order by the Purchaser operate as a waiver of any of the terms
Imitation, GOODS are subject to the City of Fort Collins inspection on arrival.
Murmur.
Final Acceptance. Receipt of the merchandise, somites or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the par of the City of Fan Collins. However, it is to be utsdersgaod that FINAL
Seller and the Purchaer carapace that in annul aotwmic practice, overcharges resulting fmm antitrust
ACCEPTANCE is detergent upon completion ofall applicable required inspection procedures.
vi lotions sure in fat, bate by the Purchaser. Thcremf , far good caul, and to consideration far exemting Wes
Purchase order, the Seller hereby assigns to Be, Pandora any ad all claims it may now have or hereafter
Freight Tema. Shipments must M RO.B., City of Too Collins, 7W Wood St., Fort Collins, CO 80522, unless
acquired under fedc rid or sate antitrust laws for such monal raga relating to the patticed. goods or services
otherwise specified on this order. Ifpermission is given to prepay freight and charge sepamrely, the original freight
purchased or acquired by the Purchaser mormart no this purchase orde,
bill matt accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nuanifaturen have distributing points in various pars of the country, shipment is
If be Purchaser directs the Seller to cancer noneramoning or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be dedumed from Invoice when
Purchaser and the Saga. the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made firm greater distance.
may cause the work to be performed by the mast expedlturn memos available to ire, and the Seller shall pay all
cos. axsesimed with such work.
Perini.. Seller shall prwure, at sellers sole cast all rmamry tmnier, marriesta and licerssa required by all
applicable laws, regulations, ordinances and roles of the scale, municipality, mmmry, or political subdivision where
The Seller shall release the Purchaser anal in contractors of any tier tram all liability and claims of any auture
the work is pert ed, or required by any other duly confirmed public authority having jurisdiction over the work
meeting firm the perfomance ofmch work.
of vendor. Seller further agrees to hold We City of For Collin Numbers fmm and against all liability and loss
incurred by them by mason of an asserted or esaMlshed violation of any such laws, regulations, ordinances, roles
This release MH apply at in dr, e,a, of faun of area igmce of We pally released and shall extend m the
and requirements.
dimemm, officers and employees of such pony.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
amplem authority m bind said panic,.
LIMITATION OF TERMS, This Purchase Order expressly limits ane,rame In the terms and conditions staled
herein set form and any sup,lemenmry or additional U. and conditions annexed harem or incorporated herein by
reference. Any additional or different tents and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complem shipment to move on year
promised delivery date m noted. Time is ofthe essmre. Delivery and performance most Is, effentd within the time
stated on the purchase order and the documents reached beret. No arts of the Pureevers incloding, without
limitation, acceptance effort late deliveries, shall operate m a waiver of this pr nvisione. In the event crony delay,
the Purchaser shall have, in addition to the, legal and equitable mmedies, the option of placing Nis order elsewhere
and holding the Seller liable fur damages. However, the Seller shall not to liable for damages as a result of delays
due to causes not reasonably unnameable which are beyond its reasonable control and without in fault ofneglig,nce,
such acts of God, aa. of civil or military authorities, goventmcat al priorities, fires, stokes, flood, epidemics, wars M
riots provided that notice of the conditions causing such delay is given to the Producer within Eve (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
exrended for the Period equal to the time actually Ill by reason of the delay.
3. WARRANTY.
The Sell,, warraay ,hat all goods, ertad., materials mg work covered by fair ender will covto. with applicable
drawings, spedficatios, samples Mr., other description given, will be fir for the Ranges. intended, and
performed with the highest degree of care and compemme in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage m expense which the
Purchaser may sufferer incur on account of the Sellers breach of tearrnnry. The Seller shall replace, repair or make
Rival, without cost to the purchase, any defects or faults arising within one (1) year or within such longer rend of
time as may be prescribed by law or by the tamn army applicable warranty provided by the Seller uBe, the data of
acceptance of the goads famished hereunder (acceptance not be unreasonably delayed), resulting fmm imperfect
car defective work done or materials furnished 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 order, the Sellers
Bunt iry hereunder shall extend to all damages proximately ..it by the beach army of the foregoing warrantim,
or guarantees, but such liability shall in no event include lass of prof¢ or Ins of axe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal temp by w anm change codes.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temn, other than legal terns, including additions to or ddtioos from
the routines originally ordered in the specifiairium or drawings, by verb, or written change order. If ony such
change affects the ameum duc or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change wade, terminate this agreement as in any or all portion of We
gods Wen not shipped, sublet many equitable adtonfic nl betweeen the panic as to my work or materials then in
progress provided that the Purchase, shall not be liable for any claims for anticipated profits en the urcomplctd
Portion of the goods anllor work, for incidental or vinseluenlial damages, and Out no such adjustment be mad, in
favor of the Scllcr with, ra arm or any goods which x the Sellers sadred stack. No such minorities shall relieve
the Purchaser or the Seller of any oftheh obligations as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or meminarion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and
deliver such documents as may be required m effect or evidence compliance. All laws and regulation required to b,
incorporated in agreements of this chamfer are hereby, mempwmmd herein by this reference. The Seller agrees to
indemnify and hold the perches. harmless fmm all cows ad damn. suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall resign, tranfer, are convey this order, or any monies due or to became due hereunder without the
prior wrinen consent ofthe other party.
10. TITLE.
The Seller warrants WII, clear and unresMcted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all lieu, restrictions, reservation, security iorman
mcumbmnces end claims ofothen
The Seller's contractual obligations, including warranty, shall not be demand an be reduced, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hurnlear the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in camection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason oFauch
infregemmt at any time during We Prosecution or after We completion of the work. In case said equipment, or
any par Wermf or the Intended use of the goods, is In such suit held to command infringement and the use of
said equipment are part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfngingceuipmem,or modify it so it the omanonefnnging.
15. MSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the beneN of creditors, appoint a
receiver or trace I'or coy of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of tent used or the interyretadon ofthe agreement erg We rights of all parties hereunder shall be
cmntrued urger atg goveme t by the laws of the Scale ofCnlomdo, USA.
The following Additional Conditions apply only in where the Sella is to perform wall, hereunder,
including the services of Sellers Represenative(s), on the premises elegant.
17. SELLERS RESPONSIBILITY.
The Seller shall curry on said work at Sellers own risk until the same is fully completed end accepted, and shall,
in se of any accident, destruction or injury to the work coerce materials before Shceer final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When marmords
and equipment are furnished by orders for installation or erection by the Seller, the Seller shall receive, unload,
Marc and handle some al the site and become rtspomible therefor as though such materials meVor equipment
were being fmisW by the Seller under the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers ex mPertmtion. including mcupational
disease benefits, to its employees employed m m in connection with the work coverd by this purchase order,
aalmr m their dependents in accordance with the laws of the sate in which the work is to he done. The Seller
shall also many comprehensive gmeml liability including, but not limited to, contractual and automobile public
liability im iumm with bodily injury and dram funeral at less, 53W,MO Boom cane pence, $500,WH for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and ii e. Before my of the Sellers m his connectors
employees shall do any work upon We premises of others, the Seller shall fetish the Purchaser with a certificate
than such compensation and insurance have been provided. Such caffiesn o shall specify the Jam when such
compensation and Monsanto have been provided. Such car ificales shall specify the dare when such compematian
and MAMrce expires. The Seller agrees that such campewnion and imumnce shall be maintained until aEt We
entire work is mmplcted and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumer the entire responibiliry and liability for any and all damage, Ins or injury crony kind
r arm ad noever to no as or property aimed by or tesullingfrom the execution of the wad:provided form
this province order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees farm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or properly m which the Purchaser may
be or o, subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his
contractors, or any at the Sellers or contractors oflittn, agents or employees. In care any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account m
by reason of my act, anion, neglect, omission or default of We Seller of any of has consumers or any of in or
their officers, agents or employees as aforesaid, We Seller hereby agrees to assume the defense thereof and to
defend the some at fe Sellers own expense, to pay any and all costs, charges, merely, fees and other expenses,
any and all jdgmmn that may be incurred by or obt irsed against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, erg in rase judgmml or other lien be placed upon M
obtained again the property refute Purchaser, or said panic in or as a reel? of such suits or other proceeding,
the Seller will at once roux the same m be dissolved and discharged by giving berg or otherwise. The Seller end
his contractors shall sake all safety precaution, famish and insall all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued punuanuhereto.
Revised 02R014