HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - PURCHASE ORDER - 9140600 (4)Fort Collins
Date: 10/24/2014
Vendor: 150588
WALSH CONSTRUCTION INC
8139 OPEN VIEW PL
LOVELAND CO 80537
PURCHASE ORDER
PO Number Page
9140600 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 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 River Restoration at Woodward 1 LOT EA 395,800.40
Change Order 4
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
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. COMMERCIAL DETAILS.
Tax exemptions. By smote the City of Fort Collins is exempt your stale and Iwal taxes. Our Exemption Number is
98L 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Callahan of
I..] Revenue, Denver, Colorado (Ref. Col.& Revised S. 1973, Chapt. 39-26. 114 (a).
Goods R Paged. GOODS REIECTED due to failure to meet specifications, either what shipped or due to defects of
damage in m nsit, may be xtumd to you for credit and are act to be replaced except upon receipt of wrinen
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection oa naval.
Final Acceptance. Receipt of the merchandise, aenices or equipmen, in response to this coder can mutt in
Wolsomed paymmt oa the pan of the City of Pon Collins. However, it is to he understood tf, FINAL
ACCEPTANCE is dependentupon completion .fall applicable nom d inspection procedure.
Freight Tarns. Shipments must be ROB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise movified on this order. U permission is given to prepay freight and charge sWamtely, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manuface. have distributing points in amo e, parts of the country, shipment is
expected fmm the .rarest distribution point to destmodion, and excess freight will he deducted from Invoice when
shipments are made fmm greater distantt.
Permits. Seller shall procure at 'dices sole cost nil necessary permits, crrlificates unit licenses required by all
applicable laws, regulations, ordinances and rules of the mute, munici sliry, territory or political subdivision where
the work is performed, or remora) by any other duly con timted public authority having jurisdiction over the work
Of vendor Seller further agrees x hold Ne City of Fort Collins harmless from arnd against all liability and Ian
inured by them by reason of an assured or established violation ofany such laws, regulations, ordinances, roles
and requirements.
Authorization. All ponies to this contract agree that the representatives me, in fact, bona fide and posses full and
complete authority to biM said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptaoce to the terms and moditions staal
herein act foM marl any supplementary ar additional taros and conditions anowd beret. or inaWanded barn. by
reference. Any additional or different terms and exditions proposed by seller are objected to ael hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be offered within the time
sated on the purchase order and the documents attached hereta. NO acts of the purchasers including, without
limimlion, acceptance of partial late deliveries, shall Waste as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal ad equitable remedies the Option of placing this order elsewhere
ad holding the Seller liable for damages. However, the Sever shall Out be fable for damages as a result of delays
due to causes not reasonably foreseeable which an, beyond its reasonable contact and without its faun of negligence,
such acts of God, acts ofciA[ or military authorities, governmental priorities, Ores strikes, now, epidemics, wan a
hots provided that notice of the conditions Pausing such delay is given to the Purchase, wirMn 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 far the period equal to the time actually lost by reason of an delay.
3. WARRANTY.
The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the papaw intended, and
performed with the highest degree of care and competence in accordance with accepted stanaards for work of a
miba nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account orthe Sella breach of warmnty. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
Was res may be prescribd by law or by the terms ofany v,liable warmly provided by the Seller efier Ne data of
acceptance of the good fvedshd hereunder (xeepunce not to he immeasurably delayed), resulting fxm imperfect
or defective work done in materials fumisled by the Seller Acceptance or was of goods by the Purchaser shall not
onstimte a waiver ofany claim under this warranty. Except az otherwise provided in this purchase order, the Seller
liability hereunder shall extend In rill damages proximately caused by the breach ofany of the foregoing warranties
or guarantees, but such liability shall in no went include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Porehaser nay make changes to legal terror by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from
the quantities originally ordered in the speei0catiom or drawings, by verbal or wrinen change order. If any such
change affects the amount due or the time ofperformance hereunder an equitable adjus[ment shall be made.
6. TERMINATIONS.
The purchaser may at any time by wrinen change order, termmav this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or mmenals then in
progess provided Nat Ne Purchaser shall no[ be liable for any claims for anticipated profits no the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and Nat no such adjustment he made in
favor of the Seller with respect to any good which are the Sellers standard stack. No such termination shall reliw'e
the Pmchaur or thc Sella ofany of their obligations as many good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he maimed within thing (30) daym from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wanants flat all good sold hereunder shall have been produced, sold, delivered and furnished in strict
..,Lt me with all applicable laws and regulmians or which fie goods tie mbjea. The Seller shall execute and
deliver such documents as may be negated d to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incomoated herein by Nis reference. The Seller agrees to
indemnify and hold the purchaser harmless from all cobs and damages sufferd by the Purchaser. a What, of He
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this coda, or any monies dur or to become due hereunder without the
prior Witham consent ofthe other parry.
10. TITLE.
The Seller warrants bill, clear and unrestricted tine to the Purchaser for all equipment materials, and hems fvmiahed
in performance of this agreement, free and clear of my and all liens, remictiors, reservations, security interest
encumbrances and claims. fathers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and ambitious hereof, failure at delay to
exercise any rights or remedies provided herein by law, failure to promptly ratify the Seller in the event of a
brecbthe aceptame of he payment far goods bereurWer or approval of the deign, shall car release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemM a waiver of any eight of the
purchaser to insist upon strict permormaice hereof or any of its rights or branches as many such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my partitioned
oral modification or rescission Of this purchase aide, by he Purchaser npaate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize dust in actual a cr to practice, a charges resulting fmm antitrust
violations are in fact Nome by the Purchaser. Theremforeforgood mass mW as consideration for eaccuumg flux
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state amiwsf laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser died the Seller to correct consummating or defective goods by a date in be agreed upon by the
Purchaser and the Seller, and the Seller Nermfter indicates its inability or unwillingness to comply, the Purchaser
may cauu the work to Is,, peRormed by the most expeditious meets available m it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany ratnre
resold., from the pe,frrmana ofsuch work.
This release shall apply on in the event of fault of negligence of the pony released and shall extend b the
directors, omttrs and employees ofauch Parry.
The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because
such work is performed or caused to be performed by the Parchaser.
14. PATENTS.
Whenever ode Saner is rewirM m was, any design, device, material or Excess covered by latter, w,.a trademark
in copyright. Ne Seller shall iMemnify and save harmless the Purchaser from any and ell claims for infnngemem
by newma of the use Of such Poland design, device, material Or Excess in cmmec ore with the contact, and
shall indemnify the Purchaser for any cost, expense or damage which it may Ine obliged to pay by reason ofsmch
infringement at any time during the prasecmion ar aBe, the completion of be work. In case said equipment, or
any part thereof Or the intended use of the goods, is in such suit held to constitute infringement and the use of
said ryuhptncut or pan is joined, the Seller shall, at its awn expense and at its option, either furniture for the
Purchaser the right to continue in, said amipment or pans, replace the same with subsu itially egral but
nmtivfringing equipment, or modify it m it bccam. tmninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a
oxerva Or
trustee for any of the Sellers property or business, this aNer may forthwith be canceled by the
Porchati withoutLiability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation ofNe agreement and the rights ofall parties hereunder shall be
combined under and governed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repreuntmi,(sd, an the premises of others.
17, SELLERS RESPONSIBILITY.
The Seiler shall carry on said work at Sellers own risk until the same is Billy completed arrd..Wait, and shall,
in case ofany accident desvuction or injury to the work and/or materials before Sellers fwl completion and
i creptaae, complee the work at Seller's own expense and to the satisfaction of Ne Purchaser. When materials
and equipment are furnished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials ardor equipment
were being fum6hrd by Ne Seller under Ne order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of waders compensation, including namordaral
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their damalmts in accordance with the laws of the stale in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability iiuumnce with bodily injury and deal limits of at team S300,00s, for any one persory SS W,000 for any
one accident and property damage limit pa accident of 5400,000. The Seller shall likewise require his
commuctors, if uny, to provide for such competsatloa and mariner— Before any of ode Sellers or his conoacmrs
employees shall do any wark upon ode premises of orders, for Seller shall furnish the Purchaser with a certifcate
that such compemmion and insurmee have been provided Such ttrtinutcs shall specify the date when such
compensation and insurance have been provided. Such certificates 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 resumes the.,I. removability and liability for any end all damage, loss or injury of any kind
or m aurc whauoever to persons or pxperty armed by at resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser end any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Patch— may
be put or subject by reach of any act, action, neglect, omission or default on Ne pan of Ne Seller, any of In,
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or aNer
proceedings shall be brought against the Purchaser, or its oRcers, agents in employees at any time on account a
by reason of my act action, neglect. omission or default of the Seller of any of his mntr . ar any of its or
their officers, .gents or amployees as aforevid, tM Sella hereby agar. to rsunm the defense Nerrof and to
defend the ssme at the Sellers awn expenu, to pay any and all costs, charges, attorneys, fees and other expenses,
any .it all judgments that may be uncured by or obmbined against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, he said parties in or as a result of arch suits or other proceedings,
the Seller will at once ruse the same to be dissolved and discharged by giving boost or orhe.is. The Seller and
his contractors shall take all rfcty premonitions, mmsish and insist[ all guar mahmory for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but witlglll Insulation, the
Occupational Safety and Health Am of 1920 and al[ rules end tegul dions issued Panamint thereto.
Revised WQ014