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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - PURCHASE ORDER - 9147031Fort Collins Date: 12/01/2014 Vendor: 150588 WALSH CONSTRUCTION INC 8139 OPEN VIEW PL LOVELAND CO 80537 Delivery Date: 12/01/2014 Note: Line PURCHASE ORDER PO Number Page 9147031 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Buyer: JOHN STEPHEN tends Price 1 Poudre Trail at Mulberry St 1 LOT LS 368,000.00 and Lemay Ave PER TERMS AND CONDITIONS OF BID 8008 AND AGREEMENT DATED 11-13-14 z Poudre Trail at Mulberry St 1 LOT LS 424,321.92 and Lemay Ave 3 Poudre Trail 1 LOT EA 335,389.08 Natural Areas portion Total $1.127.711.00 Description 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.00m UOM Unit Price 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 L COMMERCW.DETAILS. Tax exemptions. By statute the City of Fad Collins is exempt from state and ]rural taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Colic mr of Fail. of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Trimmed Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies powidad 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 ofthe dalgm, shall not release the Seller of Goods Rejected GOODS REJECTED due in failure to meet specification, either when shipped or due to defcts of anY of the W—mu es or obligations of this purchase coder and shall not be deemed a waiver of any right of the damage in usual, copy be mumM m you for credit and are not in be replaced except upon recall, of "am purchaser m insist upon strict performance hereof., any of in rights or mnWies an a any such goods. ream ffess instructions firm the City of Fon Collins. of whm shipped, ta,ived or acceprN, as to my prim or subsequent default hereunder, nor shall my paryoned teal modification or rescission of this purchase order by the Prartlaattr opmam as a waiver ofmy of the moms Inspection. GOODS me subject to the City ofFort Collin inspection on arrival, hems( Final Acceptance. Receipt of the merchandise, spices or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. outhonzed payment on the pan of the City of Fan Collins. Howmvem it is m be undo pod that FINAL Seller and the Purchaser recognize that in actual worrisome practice, overcharges resulting from mtitms, ACCEPTANCE is dependent upon completion of all applicable r yuired inspection procedures, violations are in fact home by the Par cheer. Theretofore, good cane and as comidamtion for executing this purchase coder, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mass be FOB., City of Fad Collin, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state tali Wes laws for such wercbergas retiring to the particular good or services otherwise specified on this order. If permission a given to prepay freight and charge s air ply, the original freight purchased or acquired by the Farmhouse, pmrsuant 10 this purchase.der. bill most aceomoanv invoice. Additional dames for pse,kin¢ will not be accepted. Shipment Distance. Whom manufmmrers have distributing Points in produce puts of the comtry, shipment is expected from the nwmt dis fibution paint to destination, and excess freight will be deducted Nor Invoice when shipment are made from greater distance. Permits. Sella shall procure at sellers sole cast all necessary permits, wni0mtas and licenses requited by all applicable laws, regulations, ordinances and rules ofihe state, municipality, January or political subdivision where the work is performed, or required by any other duly contimled public outhonty having jurisdiction over the work of vendor. Seller further agrt,s to had the City of Fan Collin harmless from and against all liability cad loss handed by them by reason of an asrened or established violation of any such taws, regulation, ordimneas, rules and requirements. Authorimtioa. All parries to this contract pace that the rc,xrxpwdiw,i m, in fact, bon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition appeal herein set forth and any supplementary or additional perms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by Belle, arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immchumly if yV cannot make complete shilVan 10 arrive on your promised delivery &,a as tared. Time is of the aaeam. Delivery prod erfifirmarma, most be efficient within the done steed on the purchase order and the documents aruched hereto. No acts of the Purchasers including, without limitation, ecceppnce of p idim late dalivena, shall .,,cram as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition in other legal and equitable napped., he option ofpOci, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due m causes not reasonably foreseeable which we beyond its reasonable control and without its fault of peeligenw, such aces of God, acts ofcivil or military authorities, govemmental products fires, strd es, flood, epidemics, wars or dots provided that notice of the condition caning such delay is given to Be Purchaser within five (5) days of the time when the Seller first received knowledge thereat. In the event of my such delay, the date of delivery shall be extended for the period agml to the time anwlly lost by reason ofdm delay. 3. WARRANTY. The Seller warrants that all goods, adides, aumnals and work covered by this order will of.. with applicable drawings, specification, samples and/or other daaiprion given, will be ill for the purpose numbed, and performed with the highest degree of care and competence in accordance with accepted star&ids for work of a imilar namrc. The Seller agrees to hold the purchaser hamlas from any Ins, damage or expenm which the Purchaser may suffer or incur on account of the Sellers breach of.,y. The Seller shall replace, repair or it, good, without cat to the purchaser, any defects or faults ending within one (1) year or within such longer penal of time as may be present by law or by the straw of my applicable womanly provided by the Sella after the data of acceptance of the good furnished heremder (acceptance not to be mrexsompbly delayed), warning from imperfect or daftwliw work dons or materials frmisbed by the Seller. Acceptance or use of good by the Parcheam shall not constitute a waiver crony claim under this wxmnry. Except as otherwise provided in this Purchase order. the Sellers liability hco m icT shall expand to all damages proximately crown! by the breach of any of the f going wVadom or guamntea, but such liability shall in no event include loss ofpmfits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchap r may make changes to legal terms by woman change order. 5. CHANGES IN C0MMERCIAL TERMS. The Provisioner may make any changes to the terms, ether than legal team, including addition an or deleriom farm ,he 9uantina originally ordered i. the specifications or drawings, by vembm o, written chenge under. If any such change affects the amount due or the time ofpenformaoce hcmunder, an equitable adjustment shalt be made. 6. TERMINATIONS. The Pumhasm may at any time by wdnen change order, mrminam this agreement as to any or all Wnions of be goods then not shipped, subject to any ypitable ndjostmetn between the pansies as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good major work, for incidental or corresponds] damage, and that m such adjustment be made in favor of the Seller with respect m my goods which art the Sellers standard stork. No such temimtion shall relieve Jim Pumbaer or the Sell. ofmy oftheh obligation as m my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fnm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmants that all goods sold hereunder shall have been produced, suld, delivered and furnished in strict compliance with all applicable laws and regulations to which the goad an, subject. The Seller shall execute and deliver such dowa ents as may be requital to effect or evidence compliance. All laws and regulations required to be nscrponted in agreements of this character pm hereby Inconpmmad herein by this reference. The Seller agrees to indemnify and held the Purchaser brand. from all caste and damages suffred by the Purchaser ss r.1, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, tramfeq m an., this order, or any monies due or m become due hereunde, without he prior wrinm convent of the other party. 10. TITLE. The Seller wo mmat fall, clear and unrestricted title to the Purchase for all equipment materials, and it. famished in performance of this aaeemen, free and clew of my and all lien, restrictions, nesmation, security, homes ,mumbrancm and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller p wnect numonfoming or defective good by a date to be agreed upon by Ore PoreM1aer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work an be performed by the most expedition mean available to in, and the Seller shall pay all costs wooraimed with such work. The Sell,, shall release the Purchase, and its corporations of any her fr. all liability end claims of any namrc resulting from the performance mfsuch work. This whom shall apply even w the event of fault of negligence of the party released and shall extend to the dirwara, oMe. and employees ofsuch parry. The Stile'a contractual obligation, including V, shall not be dwmcd so be reduced, in say way, became such work is peRorroed or caused to he performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to me any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless fie Purchaser from any and at I claims for infringement by remain of the use of such patented design, device, material or process in comerton with the commct, and shall indemnify the Purchaser for my cost, expense or damage which 1, may be obliged to Puy by prime ofsuch infringement at any time during the prmemtion or after the completion of the work. In now said equipment, or my pad thmmf or the imanded use of the good, is in such mit held to contimte infringement and the use of said equipment or pat is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser Be right to continue using said equipment or pate, replace the same with substantially equal but naninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imolvent or bm@mpt, make an assignment for the benefit of creditors, appoint a receiver or mptec for my of the Sellers property orbosness i, this order may foMcanceled with be by the Pmcbntt without liability. 16. GOVERNING LAW. The definitions ofmnns used or the interpretation ofthe agreement and the rights of all partiey hereunder shall be committed under and promised by the lawn of the Stare of Colorado, USA. The following Additional Conditions apply only in re where the Seller is to perform work heunder, inclnding the services of Sellers Repremnmrive(s), mithecases pmmism; of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry as said work a, Seller's awn risk caul the tame is (ally wmplered and mMted. and shall, us mse of my accident, destruction m injury to the work =Nor nnmnaB before Sellers thpl completion and acceptance, complete the work at Sellers own expense and m the mtisforim of the Parchasm. When mamriala and equipment am furnished by others for population or erection by the Seller, the Seller shall receive, unload, same, and handle same at the site and became onnponible theref.r as though such mmerms ands., ryuipmrnt were being furnished by the Seller order the order. if. INSURANCE.. The Seller shall, at his own expense, provide for the payment of workers compensation, including ma u, amnal dicanue benefits, to it amployws employed on or in connection with the work covered by this purchase order, anNm to their drpanderm in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprchemive gmepl liability imledus, but tat limited Jr. wnuacwl and automobile public liability imumnce with bodily injury and loth limits of at least 5300,000 for any one person, 3500,000 for any one accident and progeny damage limit per accident of 5400,I)l The Seller shall likewise require his commictors. if any, to Provide for such compmandion and insurante. Bear, any of the Sellers or his cmtruaoas employees shall do any work upon the premises of others, the Seller shall famish the purchaser with a certificate that such compensation and imurmce have been provided. Such crnificmes shall specify the dam when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensatimn and insurance expires. The Seller agrees that such compensation and insurance shall be mainlined until after rise entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssum ,the pure maponsibility not liability fur any and all damage, Ins or injury ofmy kind or mmue whauaever to persons or property caused by or manning from the extrication ofthe work provided for is this purchase order or in connection herewith. The Sell,r will indemnify and hold hmmlew the Purchaser and any or all of the Purchasers oRcers, agents and employws from and against say and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Forchmtt may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents of employees. In case my suit or other proceedings shall be brought against the Purchusep or its officers, agents or employees at any time on ..at or by reason of any act, anion, neglect, omissian or default of Be Seller of any of his coafteemrs or any of its or thev officers, agent or employees m aforesaid, the Seller hereby agrees to assume the def thereof and to defend the stem tat the Sellers own expense, m ley any and all casts, changes, troadmys fees and other enpema, my and all judgments the, may he incurred by m obtained Winl the Purchaser or any of it or Nei,.firers, agents or cmpl.yecs in such suits m other proceedings, and in case judgment or other Jim be placed upon or obtained against he properly of the Purchaser, or said parties in or as a moult of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diwbarged by giving bond or otherwise. The Seller and his contmmrs shall take all safety precaution, famish and install all gum& necessary for the prevention of accidents, comply with all laws and regulation with regard to mfety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulation issued pursuant themo. Revised O7/2014