HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9141861PO
PURCHASE ORDER 9141861 Page
City of PURCHASE
9141861 1 or z
Flirt Collins
„s This number must appear
,\—,J`' ` ` 1 1 on all invoices, packing
sli s and labels.
Date: 04/02/2014
Vendor: 125216
WALSH ENVIRONMENTAL SCIENTISTS
AND ENGINEERS LLC
2629 REDWING RD #280
FORT COLLINS CO 80526-2879
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 04/02/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Poudre River Downtown 1 LOT LS 63,202.00
Project
Conduct a Phase II Environmental Site Assessment (ESA)
for the Poudre River Downtown Project between College
Ave. and the Burlington Northern Railroad trestle
bridge per proposal and cost assessment dated 3/13/14
and work order dated 3/19/14.
7436 Environmental Services
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:purchasinga@fogov.com
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIALDEfAIS.
Tax exemptions. By smmte the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number ks
98-04502. Federal Excise Tax Exemption Cmifcate of Registry 84fi0W587 is rewsmml with the Callmor of
lateral Revenue, Denver, Colorado (Ref Coloado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
dmwge in trown, may be tetumN to you for credit and are act to be replaced exert upon receipt of written
iusmesions ream the City of Tom Collins.
Int,aw ion. GOODS or subject to the City of Fcn Collins inspection oa amval.
bond Acceptance. Receipt of the merthandiss, services or equipment in response to this order can result in
authorized payment on hie pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required impection procedures.
Freight Terms. Shipments most be F.O.B., City of ran Collins, 700 Wood St., Fan Collins, CO 80522, unless
otherwise specified an this aNer. Upetmissinn is given to prepay freight and charge separately, the ongitul fteighr
bill rotor aceamvanv invoice. Additional chmges far wekiou will Out be acceptd.
Shipment Distance. Where manufacturers have distributing points in Vatican pans of the country, shipment is
expected form the nearest distribution paint indestination, and excess freight will be dducted from Invoice when
shipments are made from greater distance.
Penniu. Seller shall procure at sellers sole cos. all necessary permits, certificates ad ]in. required by ell
applicable laws, regulations, ordinances and roles of me state, municipality, territory or political subdivision where
the work is pinfomed, or textured by any other duly comtitated public authority having jurisdiction over the work
of vendor. Seller funkier agrees to hold the City of Fart Collins harmless front and against all liability and loss
incurred by them by roman of an seemed or established violation of any such laws, regulations, ordinances, rules
and "arirements.
Authorization. All parties to this contract agree that the repreomin ives are, m far,, been fide and no.. full and
complete authority m bind said parlies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions shard
herein set Iona and any suMlc.nrntary or additional more arced conditions annexed hereto or incorporated herein by
memos, Any additional or different terms and conditions propasN by seller are objected to ad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURC14ASMG AGENT immediately ifyeu cannot make complete shipmrnl to arrive on your
promised delivery dine as noted. Time is of the essence. Delivery and performance thus1 be elicited within the time
shared on the purchase order and the documents attached hereto. No ass of the Frrebazcrs including, without
limitation, acceptance offering late deliveries, shall sionate as a waiver of this provision. In the at of any delay,
the Purchaser spell have, in addition to other legal and equitable remedies, the option arplaci., this order elsewhere
and holding the Seller liable for damages. Ilowever, the Seller shall no, be liable far damages an a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligmce,
such aces of God, acu of civil we military authontles, govemmenul Ermines. ies. fifes, strikes, flood, ryidemics, wars or
was provided that notice of the conditions causing such delay is given to fire Purchaser within five (5) days of the
time when the Seller Erse 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 ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, malmals and work covered by this aNer will wofom with applicable
drawings, specifications, samples andror other descriptions given, will he Fit for the purposes intmdd, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar wore. The Seller agrees to hold the purchaser harmless from any Ioss, damage or expense which the
Purchaer ma sy safer w incur an account of the Sellers breach f.ff. The Seller dull replace, repair or make
god, without cost to Ne pnrcluser, any deft is or faults tensing vidam one (1) yw r or within such kw,, peril of
time as may her prescribed by law or by the tense of my applicable warranty provided by the Seller after the date of
acceptance of the goods f corked hereunder (acceptance not to be unicamerally delayed), resulting from imperfect
or defective work done or materials furmand by the Seller. Acceptance muse of goods by the Purchaser shall not
onatitum a waiver of any claim under this wamnty. Except as otherwise provided in tars Purchase order, hie Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing w'amntitm
or guarantors, but such liabilityshall in no event include loss mp nfies .11. of.NO IMPLIED WnRRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Furchwa may make changes to legal terms by writen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the s, asiticahow or domem , by verbal or woman change aide,. If any such
change office, the amount due w the time ofperr mmee hereunder. an equitable adjustment slut] be made.
6. TERMINATIONS.
The Purchaser may at any time by winners change order, terminate this agreement w to any or all partiow of me
goads then not shipped, subject a any equitoble adjustment between the ponies res to any work or materials then in
progmss provided that the Parchnow shall or b, liable for any claims for anticipated prolin on the uncomplaed
portion of the goods ankw work, for incideaul or mmsequcntial damages, and that no such adjutment be made in
favor ofthe Seller with respect o any goad which are the Sellers standard stock. NO such terminalion shall mlim'e
the Pumhwet or the Seller crony of their obligations as to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim flu adjustment most be, asserted within thirty (30) days from the dine the change or termination is
oNcred.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all goads sOld hereunder shall have been produced, mid, delivered and famished in strict
compliance with all applicable laws and regulmiom to which 6, goods are subject. The Seller shall execute and
deliver such doaammu as may be required to effect or conence compliance All laws and regulations requital to be
trcaryoaad in agreements of.ais charcter me hereby incoryoard herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, mnsfer, an convey this ofdan or any monies due in to become due hereunder without the
,nor seaman eawmt of the Daher parry.
10. TITLE.
The Seller wamne full, clear and comstnad title to the Purchaser for all equipment, materials, and items famishd
in perfamnnce of this agreement, have and ch. of my and all liens, msn rime, .,as.. secwiry interest
encumbrance, and elsew ofothers.
1 L NONWAIVER.
Failure of the Purchaser to insist upon spin Performance of the terms and conditions hereof, failure in delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance afar payment for goods hereunder or approval ofthe design, shell not intense the Seller of
any of the wamntiea or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon sufct perf nnce hereafter any of its rights or remedies w to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any purpond
oral modification or rescission of this pwcluu order by the Purchaser arcane as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual ecow is practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purehau order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antignst laws for such overcharges retailing to the particular goods or services
purchased or acquired by the Purchaser Parmesan to this purchase color.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchases and the Seller, and the Seller thereafter indicates its inability or unwil lingness to comply, the Purchaser
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
cwts reaccist d with such A.
The Seller shall release the Purchaser and its contractors of my her from all liability said claims of any nature
nulim, fiom the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Early released and shall extend to the
directors, officers and employees ofsuch party.
The Shcers contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused hen be performed by the Purchaser.
14. PATENTS.
Whenever the Seller u rryuived to tax any design, device, meacrial w process covered by Inner, patent, andemad
or copyright, the Sena shall indemnify and save hamsters the Purchaser from my and all claims for inlringemear
by mason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or aver the completion of the work. In case said cquipmem, or
any pan thercof or the intended use of the goods, is in such suit held to mnstinne inGngement and the use of
said equipment or pan is enjoined, the Seller shall, o its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
mainfringing equipment, or modify it so it becomes nmrinfringing.
15. INSOLVENCY.
If the Seller shall became insolvent arc bankrupt, make an assigmnenr for she benefit of meadows, appoint a
receiver or amsare for any of the Sellers property ter business, this under may forthwith be, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dcfnitiow i f terms wd or the interpretation i f the agreement and the rights of all panic hereunder shall be
cowered under and governed by the taus affair State of Caload., USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reprerobsive(s), on the premises of others.
I). SELLERS RESPONSIBILITY.
The Seller shall cony on acid weak at Sellers own risk .,it the same is fully comply d and accepted, and shall,
in e of any accident, destruction or injury to the work indoor materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of fire Purchaser. When materials
and equipment are furished by others for installation or erection by the Seller, the Seller shall receive, unload,
some ape handle same st the site and become resporeible therefor as though such raurcrmis maker Impair mt
went being ftunishd by the Seller under the odor.
18. INSURANCE.
The Seller shall, at his awn extreme, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work cweaai by this Purchase order,
circular to then dependents in accordance with the laws of the mute in which the work is to be done. The Seller
shall also carry, comprehensive general liability including, but not limited m, co ommal and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person. $500,000 Joe any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contacmrs, if any, to Provide for such compensation and iwmunec Before any or the Sellers or his contractors
crployces shall do any work upon the premises of whirs, the Sella shall famish the Purchaser wily a cutifcatc
Nat such compensation and insurance have been provided. Such eenificma shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and iwuance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the
entire work is completed card acapad.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and sll damage, loss or injury of any kind
nature whatsoever to persons or porpeny caused by or resulting from the execution of the work provided fur in
this purchase order or in connection herewith. The Seller will indemni f, ape hold hmmless the Purchaser and my
r all of the Purchasers officers, agents and employees from and against any ape all claims, losses, damages,
charges or expenses, whether direct or indircn, and whether to persons or prlxert5'to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contactors, or any of the Sellers or ontractors Officers, agents or employees. In save any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act action, ncglmt, omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the deft grand and to
defend the same at the Sellers own expense, to pay any and all come, charges, anomeys 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 be, placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other Proceedings,
the Seller will at once same me are in be dissolved and discharged by giving bod or odmerva'ise. The Seller ad
his contactors shall take all safety precautions, f ish and install ell guards nceenery 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 a 1970 and all rules and regulations issued Formula thereto.
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