HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9123492City of
Frt Collins
Date: 06/15/2012
PURCHASE ORDER
Vendor: 125216
WALSH ENVIRONMENTAL SCIENTISTS
AND ENGINEERS LLC
2629 REDWING RD #280
FORT COLLINS Colorado 80526-2879
PO Number Page
9123492 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS Colorado 80521
Delivery Date: 06/15/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 212 LaPorte Avenue 1 LOT LS 2,200.00
Provide all labor and material
for air monitoring and visual
services at 212 LaPorte Avenue
per Work Agreement dated 6/12/12
and proposal dated 6/12/12.
C3. Oil.-.stQ �
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
Invoice Address:
$2,200.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Tcrms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By stionne the City of Fort Call ins is exempt from state and Iocal taxes. Our Exemption Number is 11. NONWAIVF.R.
99-1W502. Federal Excise Tax Exemption Certificate of Registry 94-6Afg5R7 is registered with the Collector of Failure of the Purchaser to insist upon shin performance ofthe terms and conditions hereof failure ar delay to
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 34 26. 114 (a). exercise any rights or remedies pmvidcd herein dr by law, failure to pmmptly notify the Scllcr in the ocnt of a
breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Scllcr of
Goods Rejected. GOODS REJECTED due to failure to men specificatinas, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the
damage in transit. may be rearmed to you for credit and arc net to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies x to any such goods, regardless
instructions from the City of Fort Collins cf when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any fair rted
call mndifrcation or remission of this purchase order by the Purchaser operate as a waiver crony of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance Receipt of the nmrchandise, services or equipment in respone 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 rccogniu that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Thcrctufam. for good eansc and as consideration far executing this
purchase order. the Seller hereby assigns to the Purchawr any and all claims it may now have or hrrc fimr
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7M Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicolar good or scrviccs
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for picking 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 Scllcr to correct nonconfomring or defective goods by a date to be agreed upon by the
expected (moo the ncarest distribution point to datin dirn, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments arc made from greater distance. may cause the work to be performed by the mast expeditious means available to it, and the Scllcr shall pay MI
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mles 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 further agrees to hold the City of Fan Collins hamles from and against all liability and loss
incurred by client by reason of an i sered or established violation of any such laws, regulations, ordinances, sales
and requirements.
Auth nn ation. All panics to this contract agree chat 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 tcmu and conditions stated
herein set Fruitland any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions pmpascd by seller arc objected round hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date w noted. Time is ofthe essence. Delivery and pafomaaec must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without
limitation. acceptance of -partial late deliveries, shall opcmte as a waiver ofthis provision. In the event oCaay delay,
the Purchaser shall have, in addition to other legal and equitable mmcdics, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays
due to comes not reasonably formccablc which are beyond its reasonable central and without its fnult ofnegligcncc.
such acts of Gad, acts ofcivii or military authorities, governmental priorities, Gres, strikes. Bard, epidemics. sears or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe
time when the Seller first received knowledge thereof. In the event of any such delay, the date of deliveryshall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller avmnts that all goods. anielcs, materials and work covered by this order will conform with npplicnble
dalwlnp, specifications, samples and/or ocher descriptions given, will be fie for the purposes intended, and
performed with the highest degree of care 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 Sellers breach of warmary. The Scllcr shall replace, repair err make
good, with red cast 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 wamnry pmvidcd by the SCller aper the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect
or defective work done or materia is famished by the Scher. Acceptance or use of goods by the Purchaser shall not
constitute, n waiver of any claim under this warranty. 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 warrants its
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTAH I LITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL. TERMS.
The Purchaser may make any changes to the terms, other than legal urnss, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order, If any such
change affects the amount due or the time ofperIbmamcc hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by %centers change order, terminate this agreement as to Inv or all portions of the
goods then not shipped, subject to tiny equitable adjustment between the panics as to any work or .....stains then in
Progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the gads and/or wrdc, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller orally of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment most be wsened within thirty (30) days from the date the change or tcmtinalion is
ordncd.
R. COMPLIANCE WITH LAW.
The Seller swamis that all goods sold hereunder shall have been produced, sold, delivered and furnished in .strict
compliance with all applicable lass and regulations to which the card arc subject. The Scicr shall execute and
delixcr such documents as may be required to effect orevidenee compliable. All laws and regulations acquired to be
incorporated in agreements of this character are hereby incorporated herein by this reference_ The Seller agrees to
indemnify and hold the Purchaser hamdcs 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 coney this order, or any monies due or to become due hereunder without the
prior winners consent of the other parry.
10. TITLE.
The Seller warms full, clear and 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
encumbmnecs rend claims of others.
The Seller shall release the Purchascr and its contractors of any net from all liability and claims of any nature
resulting from the perfomtonce of such work,
This rclesse shall apply even in the B'cut of fault of negligence of the party released and shall extend to the
directors. officers and cmployccs of such party.
The Scller:s contractual obligations, including wamnty, shall not he darmed to be reduced. in any way, because
such work is performed or caused to he performed by the Purchaser.
14. PAT'F,NTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark
or copyright. the Scllcr 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 pascecs in connection with the contract, and
shall indemnify the Purchaser tonally cost, expense or damage which it may be obliged in pay by newest ofsuch
infringement at any time during the pmsccution or n0er the completion of the walk. In case said equipment. or
any part thereof or the intended use of the goods, is in such suit held co constitute infringement and the use of
said equipment or pan is enjained, the Seller shall, at its own expense and at its option. either procure for the
Purchaser the right to continue using said equipment or pans, replace the some with substantially equal hot
nnninfringing equipmen, or madify it so it becomes nnninfringing.
15. INSOLVENCY,
If the Scllcr shall became insolvent or bankrupt, make an tosignmcm for the benefit of credimrs, 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 definition., oftemts used or the interpretation oflhc agreement and the rights ofall panics hereunder shall be
consumed under and governed by the laws ofthe State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the scrviccs of Sellers Representative(.;), an the premises crashers.
17. SELLERS RESPONSIBILITY.
The SCller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall,
in case of any accident. desmrctinn or injury to the work and/or materials before Seller's final completion and
reccrtnnee, complete the work at Seller's own expense and to the satisfaction of the Purchuser. When materials
and equipment are Famished by others for installation or erection by the Seller, the Seller shall receive unload.
store and handle same at the site and become responsible thessfor as though such materials and/or equipment
were being famished by the Scllcr tender the order,
18. INSURANCE.
The SCIICr shall, at his own expense, provide for the payment of workers compensation. including occupational
disease bcncfts, to its cmployccs employed on or in connection with the work covered by this purchasc order,
and/or to their dgmendents in nccordancc with the laws of the state in which the work is to he done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with hurnly injury and death limit, of at Icest 5,M0.00e for any one pvo,or. S50n0t)0 for any
one accident and Property damage limit per accident of S400,000. The Seller shall likewise require his
contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work apnn the premises Mothers, the Scllcr shall Finish the Pnrchwer with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the late when such
compensation nod iasumncc have been Provided. Such ecnificatcs shall specify the date who such compc cation
and insurance expires, The Scllcr agrees that such compensation and inumnee shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or pmptrty caused by or resulting from the execution of the Bork 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 cmployccs from and against 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 on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or cmployccs. In case any suit or other
pmcecdings shall be brought against the Purchases. or its officers, agents or employees assay lime 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 aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Scllcrs own expense, to prey any and all costs, charges, anomcys fees and other expenses,
any and all judgments that may be incurred by or obtained 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 he Placed upon or
obtained against the proper of the Purchaser, or said Panics in or as 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 Scllcr and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply swish all laws and regulations with regard to sMety including, but without limitation, the
Occupalional Safcry and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010