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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - PURCHASE ORDER - 9145687Fort Collins Date: 12/22/2014 Vendor: 150588 WALSH CONSTRUCTION INC 8139 OPEN VIEW PL LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9145687 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 10/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Woodward Technology Ctr. 1 LOT EA Hi John, Please change the account #from 400901800.563040.6 ($486,251.13) - to #400901814.563040.6. Thanks so much John! Christie White - Financial Coordinator City of Ft. Collins, Engineering Dept. (970)221-6606 i?I i s P,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 486,251.13 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 13 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By samte the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 98-Cal Federal Excise Tax Exemption Cenificate of Registry, 84-61g4587 is registered with the Collector of Internal Revenue, Omvm, Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39-26.114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of Manage in transit, may be retumad to you for credit and are not to be replaced except upon meript of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fart Collin irespection oa arrival. Final Acceptance. Receipt of the merchandise, services or eximpstrat in response to, this order ran result in authorized payment on Me pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon ecmpletion of all applicable recluired uespection provedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified an did, sake,. If permission is given m prepay freight east Charge separately, the original freight bill most accompany invoice. Additional charges for packing will tat be accepted. Shipment Distance. More manufacturers have distributing points in various parts of the Country, shipment is exp.md from the nearest distribution point to destination, and excess freight will m deducted from Invoice when shipments arc evade from granter distance. Permits. Seller shall pmcurc at sellers sale cost all neecomy pmnia, certificates and licensors required by all applicable laws, regulations, odinances and tales of the state, 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 aggro to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or esadsh hod violation of any s.h laws, regulations, on irancrs, tales and requiremena. Authoriamon. All parties to this contract agree that Me representatives are, in fact, bum fide and possess fall and Complete authority m bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me terms and Condition sated herein set from .,,it any mpplementary or additional arms and conditions annexed hereto or incorporated herein by reference. Any additional or i iflerent W. and cmainiam proposed by seller are objected N and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedisuly ifym cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within de time stated on Me purchase order and Me documents attached hereto. No acts of the Purchasers Including, without limitation, acrepemce of partial late deliveries, shall operate. a waiver of Nis p.m. In the ream fany delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a Mount of delays due to causes era Measurably foreseeable which we beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authenties, govemmenal Incomes, fires, strikes. Road, apidamics, wan or nota provided that onfice of Me Conditions causing such delay is given to the Purchaser within five (5) days of the time when me Seller Most received knowledge thereof. In Me event of any such delay, the date of del ivory shall be extended for the period ml.l m the time act.11y lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this maker 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 cart and competence in accordance with accepted standarts for work of a similar =vac. The Seller agrees to hold Ne purchase, harmless from any loss, damage of expense which the Purchaser may suff or incur on account of the Sellers branch of warranty. The Seller shall replace, repair or make good, wlthom cost to the pu,chimeq any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the teams of any applicable warranty provided by Me Seller after the date Of beceprance of the good fomahed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Car defective work done tar materials famished by the Seller. Acceptamr OF ase of goods by Me Purchaser shag not constitute a waiver of any claim miler this warranty. Except ai otherwise provided In this purchase order, the Sellers liability hereunder shut] extend to all damages pmxit=rely caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profit, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by wines change oiler. 5. CHANGES W COMMERCIAL TERMS. The purchaser may make any changes to the terra, other than legal terms, including addniom m or deletions from Me quantities originally Concord in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an ml.,,able adj.tmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by ammi change order, terminate this agreement as to any or all porio. of the goods then inn shipped, subject to any equitable adjntment M—en the ponies as to any work or materials then in progress provided that Me Purchaser shall not he liable for any claims for anticipated profits on the uncompleted panion of the goods arWor work, for incidental or.nsequential damages, and that no such ndj.tmmt be made in favor of the Seller wit respect to my goods which art the Sellers sandal stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. T CLAIMS FOR AD3USTMENr. Any claim for edjttstmem must be assumed within thin (30) days f the date Me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller war tax that all goods sold hereunder shall have been produced, sold, delivered and famished in strict Compliance with all applicable laws and regulations a which the goads arc subject. The Seller shall execute and deliver such documents as may be squired m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incmpoated boom by this reference. The Seller agrees to indemnify and held the pumhsser mandass from all Costs and damages sdTefed by Me Purchaser. a result of the Sellers failure to, comply with such law. 9. ASSIGNMENT. Neither party sill assign, tmnsfee or convey this order, or my monies due or to become due hereunder without the prior woman consent ofehe other party. 10. TITLE. The Seller warrants Suit, Clem and=we cted title as Me Purchaser for all equipment, materials, and items monistical in performance of this agreement, free and clear of my and all liens, restricnam, rsenatimns, wean, interest e.umbrartces and claims ofmw- 11. NONWAWER. Failure of the Proclvaser m insist upon strict performanax of the terms and conditions hrrea[ failure or delay to associate any rights or remedies provided herein or by law, failure to prompt, notify the Seller in the event of a breach, the accp. ofor payment for goods heremder m approval cri design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereafor my of is rights or remedies as to any such goods, regadless of when shipped, received or accepted as to any prim or subsequent default hereunder, nor shall any purported oral modification in rescission of this purchase order by the Purchaser operate as a waiver of eery of the terms hereaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in mural eco.mic practice, ovemharga resulting from it. violations are in fact bome by the Purchaser. Theretofore, She good came and ns consideration for emcming this purchase order, the Seller hereby assigns W the Purchaser any and all Claims it may now have or himifler acquired under federal or state antitrust laws for such overcharges relating to Me particular goads or services purchased or acquired by the Pmchssar pursuant to this purchase ode'. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller In correct nonconforming or defective goods by a time to be agreed upon by the Purchaser and the Seller, and the Seller Nereafer indicates its inability a unwillingness to comply, Me Purchaser may cause the work to he performed by Ne most expeditious means available m it, and Me Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any =lure resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direemrs, officers and employees of such pray. The Sellers ..tram.[ obligations, including werseenty, shall at be deemed to he reduced, in any way, because such work is performed ter ®used m be perforated by Me Purchaser. 14. PATENTS. Whenever the Seller is mount, to use any design, device, material a, process covered by letter, patent, trademark or copyright, the Seller shall indemnify artd save hmmleas the Puchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the .natiouct, it shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the grads, u in such it held to commute irJnngement and the use of said exuipnent or Wit is.joined, the Seller shall, at is own expense and m is option either pmcurc for Me Purchaser the right to continue using said equipment or pans, replace Me same with substantially equal but aoninlringing aquipntent, or modify it so it becomes naninfiinging. 15. INSOLVENCY. If the Seller shall boomer insolvent or battkmpl, make an aisigmmnt for the benefit of Creditors, appoint is receiver or math for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofarms cooed or the imerpmation of the agreement and the rights afall parties hereunder shall be .=trued under and gavented by Me laws Is State of Colorado, USA. The following Additional Conditions apply auly, m cases where the Seller is to perform work hereunder, including the service of Sellers Repmse=tve(s), on the premises efothen. 17. SELLERS RESPONSIBILITY. The Seller am[] catty, oa said work at Sellers own risk until the same is fully completed and areaptN, and shall, in Cow of any accid aL dimmuntion or injury to the work anNm matarinls before Sellers fwl Completion and accepance,, complete Me work at Scllers own expense and to the satisfamtion of Me Purchase,. When materials and equipment me famished by others t installation or erection by the Seller, the Seller shall receive, unload, stow and handle same at Ne site and become responsible therefor as though such materials and/or equipment were being frttished by Ne Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for Me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase ceder, motor to thew dependents in accordance with the laws of the sate In which the work is N be done. The Seller shall also carry comprehensive general liability including. but —1 limited to, commanmal and amomobile public liability insurance with bodily injury and death limits of at least S300,000 fro any one person, $500,000 for any one accident and properly damage limit per accident of S400.000. The Seller shall likewise require his outmctom, if any, to provide for such compensation and imuraner. Eat any of the Sellers or his contractors ernploymr shall do any work upon the premima of others, the Seller shall Spanish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such umpensation and announce have been provided. Such certificates mall speitythe date when such compensmion and insurance expires. The Seller agrees that such magenci lion and insurance shall be maintained cold after the entire work a completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofany, kind or =tare watsaever to person or pompon, caused by or resulting from the execution of Me work provided for in this p rachose, order or in connection herewith. The Seller will indemnify and hold hmmlas the Purchaser and my r all of the Purchasers officers, agents and employee: from and agairst any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be, put or subject by reason of any act, action, neglect, omission or default as the put of the Seller, my of his contractors, or my of the Sellers or Coatramoas officers, agent or employ.. In eau my suit or other proceedings shall be brought against the Purchaser, or is oRcars, agents or employees at my time on account or by Crwn of any tat, action, neglect, omission or default of the Seller of any of his contractors or any of its or Nei, dficers, agents or employees OF of and, the Seller hereby agree, m ..a Ne defense themof gad to defend the same at the Sellers own expense, to May any and all costs, charges, anor.ys fees and other expenses, my and all judgmrna mat may he incmred by or obtainal against the Purchaser or my of its or Men officer, agents m employees in such ..its or other proceNmgs, and in .se judgment or other lira be placed upon or obtained opinion the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, me Seller will at once cause the sure N be dis olvad must diula,ged by giving band or otherwise. The Seller and his covtrectors shall take all adfey precmtima, fmulsh and install all gumd compaary for Me pmxvtion of accidents, comply with all lanes and regulations with regard to safety including• but with.t limitation, the Occupational Sally and Health Am of 1970 and all rates and regulations issued pursuant thereto. Revised 07n014