Loading...
HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9110632 (2)City Of PURCHASE ORDER PO Number I Page 9110632 1 1 of 2 Forthis number must appear Collins1 , on all invoices, packing slips and labels. Date: 04/25/2011 Vendor: 125216 WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS LLC 2629 REDWING RD #280 FORT COLLINS Colorado 80526-2879 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 01/25/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum / 1 LOT EA 106.14 (39581) Station 1 remodel 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 Total $106.14 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIV ER. 98-04502. Federal Excise Tax Exemption Cer ificte of Registry 84-6000587 is registered with the Collector of Failure of the Purchnpo ser to insist un 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). c roc ise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a breach. the acceptance ofor payment for gads hemandcr or approval of the design, shall not rcicasc the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a oniwcr of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless uncomic. from the City of Fact Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, not shall any purported oral modification or rescission of this Purchase order by the Purchaser operate as a waiver of any of the term Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges restdting from nntitmst ACCEPTANCE is dependent upon completion o(all applicable required inspection procedures. violations arc in (act borne by the Purchaser. Theretofore. for good cause and as consideration for excaning this purchase order, the Seller hereby assigns to the Purchaser nny and all claims it may now have or herca0er Freight Terms. Shipments most be F.O.B.. City Of Fan Collins, 700 Wad St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges rclaring to the particular goods or services Otherwise 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 must 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 from Invoice when Purchaser and the Scllcr, and the Seller thcrca0er indicates its inability or unwillingness to comply, the Purchaser shipments arc made brain greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all casts associated with such work, Permits. Seller shall procure at sellers sole cant all necessary permits, ecnifieetes and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, mounry 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 further agrees to hold the City of Fort Collins harticm from and against all liability and loss incurred by them by reason of an asserted or established winlation of any such laws, regulations ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you 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 the time rated on the purchase 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 Pumhascr shall have, in addition to other legal and equitable remedies, the option ofplocing this order dsewhcre and holding the Seller liable for damages. Hoavcvcr, the Seller shall not be liable for damages is a result of delays doe to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, nets ofcivil or military authorities. governmental priorities, fires, strikes, food, epidemics, wam or dots provided that notice of the conditions causing such delay is given to the Purchaser 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 extended for the permit equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller watmnty that all goods, i nicics, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest dcgr¢ of care and competcncc in accordance mith accepted standards for work of a similar nature. The Seller agrees to hold the Purchaser ham less from any loss, damage or expense which the Pumhaser may suffer or incur on account o(Ihc Sellers breach of wamnty. The Seller shn11 replace, repair m make gad. without cost 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 terms of any applicable warranty 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 famished by the Seller. Acceptance or use of gads by the Purchnser shall not constitute a waiver ofony 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 warranties Or guarantees, but such liability shall in no event include loss of profits or loss of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Icon by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tears. including additions to or dcletinns from the qumouic, originally ordered in the ane6fici tions or dmwinE•c, by verbal or written change order. If any such change affects the amount due or the time of performancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any at roll portions of the goods then not shipped, subject to any equitable adjustment betasven the panics as to any work or materiels then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential danmges, and that no such adjustment be made in favor I the Seller with respect to any gads which arc the Sellers standard stock. No such maniumion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or nomination is ordered. S. COMPLIANCE WITH LAW: The Seller ...I, that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and milinlations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcm failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, monster. or convey this order. or any monies due or to become clue hereunder without the prior written consent of the other party. 10. TITLE. The Seller warmats full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in Performance of this agrccment, free and clear of any and all liens, restrictions, reservalions. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contradves of any tier from all liability and claim of ray nature resulting front the performance of such work. This release shall apply even in the event of fault of negligence of the privy released and shall csmad In the directors, officers rend employees nfawh party. The Settees contractual obligations, including warranty, shall not be deemed In be reduced, in any may, because such work is performed or caused to be performed by the Purchnser. 14. PATENTS. Whenever the Seller is requited to use any design, device, material or process cowered by letter. patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason 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 be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said cquipnant, or any pan thereof or the intended use of the goods, is in such sail held to constitute infringement and the ase of said equipment Or part is enjoined, the Seller shall, at its own expense and it its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with subsmtninlly equal but nnninfringing equipmmrit or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver, or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions Of mans used or the interpretation ofthe agrccment and the rights ofall panics Immandcr.shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sees ices of Sellers Repmsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Seller's 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 iar crinls before Seller's final cmnpIdden and acceptance, complete the work at Seller's own cspcnse and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installalion or erection by the Seller, the Seller shall receive, unload, store and handle smut, al the site and become responsible thercfar as though such materials and/or equipment were being famished by the Seller under the order, IS. INSURANCE. The Seller shall, of his own expense, provide for the payment of workers compensation. including oempational 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 nor limited to, contractual and automobile public liability insurance with bodily injury and death limits Of nt Icst S3m6,000 far any one person. S500.0n for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, ifany, to pmvide for such compensalion and insurance. Before am, of the Scllcrs or his contmemrs employees shall do any work Open the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such nmpensation and insurance hive been provided. Such certificates shall specify the date when such eonipensalma and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire wink is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMACLS. The Scllcr hcrcby assumes the entire responsibility and liability for any and all damage. loss ar injury• of any kind or nature w'hatsoccer to persons or property caused by or rcstdling from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act, action, negicct, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or eommactors olficers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or cmployccs at any time on account or by reason of any act. action, neglect omission or dcfoill of the Seller of any of his contractors or any writs or their officers agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same nt the Sellers own expense, to pay any and all costs, charges, attorneys fees and other c,xpenscv, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers, agents an 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, or said parties in or as a result of such snits or other pmeecdings. the Seller will nl once cause the same to be dissolved and discharged by giving bond m otlecri ke. The Seiler and his contractors shall take all safety precautions, famish and instill all gnnnls accessary for the prevention of accidents, comply with all laws and regulations with regard In safety including, but wilhoat limjmtion, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010