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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9111753 (2)Fort Collins Date: 04/04/2011 PURCHASE ORDER PO Number Page 9111753 tof2 This number must appear on all invoices, packing slips and labels. Vendor: 125216 Ship To: FACILITIES DIVISION WALSH ENVIRONMENTAL SCIENTISTS CITY OF FORT COLLINS AND ENGINEERS LLC 300 Laporte Avenue 2629 REDWING RD #280 Building B FORT COLLINS Colorado 80526-2879 FORT COLLINS Colorado 80521 Delivery Date: 03/31/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Spotter Street Crusher Plant 1 LOT EA 486.10 Costs per april 01, 2011 memo Total $486.10 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By stnmte the City of Fort Collins is exempt five integral local taxes. Our F,xemptinn Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchascr to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or rcmedics provided herein or by law, failure to promptly notify the Seller in the event ofis breach, the acceptance ofor payment for goods bneundu or approval ofthe design, shall not release the Scllcr of Goads Rejected, GOODS REJECTED due to failure to meet spceificatioaa, either when shipped or disc to defects of any of the wnmatics or obligations of this purchase order and shall not be deemed a waiver of nny right of the damage in transit, may be retuned to you for credit and am not to be replaced except upon receipt of writtenpurchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods. regardles instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcel coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITR UST CLAIMS. authorized payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Scllcr and the Purchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercdfor Freight Terms. Shipments most be F.O.B_ City of Fort Collins. 700 Wood St.. Fort Collins. CO 50522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services athomise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming 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 deducted form Invoice when Purchascr and the. Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made front greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 wnrk of vendor. Sella further agrees to hold the City of Fort Collins hamlem from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and regvimmcnu. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchau order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchascr shall have, in addition to other legal and equitable rcmedics, the option afplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Boorepidemics, wars 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 Seiler 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, articles, materials and work covered by this order will cnnform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted .standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without eoml to the purchaser, 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 temp of any applicable womanly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seiler. Acceptance or use of grads by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or him wfasc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pu¢haser may make any changes to the gems, other than legal gems, including additions to or deletions from the quantities originally ordered in the specifications or showings, by verbal or .written change order. If any such change affects the amount due or the time nfpnfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental ar consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such lemination shall relieve the Purchascr or the Seller craggy of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be amoncd within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear wad unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest cncumbnnces end claims fothers. The Seiler shall release the Parchaser and its contractors of any tier foam all liability and claims of any nature resulting foam the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and cmpinyccs of such puny. The Seller', contractual obligations, including wamnty, shall not be dconed to 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 harmless the Purchaser foam any and all claims for infringement by remon of the use of such patented 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 al any time during the prosecution or ancr the completion of the work. In case said equipment, or any pan Ihcreof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, al its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the moms, with substantially equal but noninfringing equipment, or modify it so it becnmes noninfringing. 15ANSOLVENCY. If the Seller shall bcor m, insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers propery or business, this order may forthwith be canceled by the Purchases- without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation ofibc agrect eat and the rights ofall parties hereunder shall be construed under and govcmcd by the Imrs of the State ofCilnnd.. USA. The following Additional Conditions apply only in cams where the Seller is to perfom work hereunder. including the services of Sellcm Repmsentative(s), on the promises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's finnl completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle into at the site and become responsible therefor as though such nnterials and/or equipment were being famished by the Seller under the order. I S. INSURANCE - The Seller shall, at his own expense, pmvide for the payment of workers compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. eonmetual and automobile public liability insurance with bodily injury and death limits of at last S300.010 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his eontranors, if any. to provide for such comers Lion and insurance. Byron, any of the Sellers or his contactors employees shall do any work upon the premises crushers. the Seller shall furnish the Purchaser with a certificate that such compensation and insironcc have been provided. Such certificates shall specify the dace 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 Seller hereby assumes the entire nespousihility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlets the Purchascr and any or all of the Purchasers offsets, agents and employees from and against any and ,It claims, losses, damages, charge, or expenses, whether direct or indirect. and whether m persons or property to which the Purchases- may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr. or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as afmcv id, the Seller hereby agmvs to assume the defense thereof and to defend the same at the Sellers non expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained agaiol 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 pmpeny of the Purchascr, or said panics in miss a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010