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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9141998PURCHASE ORDER PO Number Page City Of^ 9141998 1012 `t / V olliMs This number must appear 1 1 on all invoices, packing sli s and labels. Date: 04/08/2014 Vendor: 125216 Ship To: OPERATIONS SERVICES WALSH ENVIRONMENTAL SCIENTISTS CITY OF FORT COLLINS AND ENGINEERS LLC 300 Laporte Avenue 2629 REDWING RD #280 Building B FORT COLLINS CO 80526-2879 FORT COLLINS CO 80521 Delivery Date: 04/08/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 208 N Howes 1 LOT LS 3,986.00 Perform building inspection for lead paint, asbestos and other regulated materials per proposal dated 3131/14. 7435 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:purchasing@fcgov.mm 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt f same and local taxes. Our Exemption Number is 98404502. Federal Eaciu Tax Exemption Cru ficare of Registry 84-6000587 is registered with the Collector of Informal Revenue, Denver, Colorado (Ref. Colorado Revised Sodium 1973, Chapter 39-26. 114 (a). Good Rejecter GOODS REIECTED due to failure w meet specifications, tither when shipped or due to defects of damage in tmnsi, may be retained to you for credit and are net to be replaced except upon receipt of wrinen instructions from the City of Fon Collins. Inspanon. GOODS are subject to the City airport Collins inspection on arival. Final Acceptance. Receipt of the merchandise, sentro or equipment in reassume to this order wn result in authorized payment on the pan of the City of Fort Collins. However, it is to be undersmod Nat FINAL ACCEPTANCE is dependent upon completion ofall applicable mounted important procedures. Freight Tom,,. Shipments must be P.O.R., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless ofrwim specified on this under. If peomission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is expected frvm the mor at distribution to, Ib de,Omtion, and aces, freight will be Acducroil from Invoice when shipments are made thrum Bremer distance. Permits. Sella skill procure at sellers sale cost all necessary permits, certificates and licenses nyvired by all applicable laws, regulations, ordinances and rules ofthe sate, manicipaairy, tenow, or political subdivision where the work is performed, or required by any other duly wnstiNted public authority havingjurisciichon over the work of vendor. Seller further agrees m hold Ne City of Fort Collins harmless Gam and against all liability am loss cured by them by reason arm asserted or established violation of any such laws, regulations, ordinances, roles and carcinomata. Authorization. All podia to this contract agree Nat the reprewnati.res are, in fact, Isom Me and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions sarM herein art forth and any supplementary or additional lams and mndltions ennead hereto or incorporated herein by reference. Any Win..] or different a. and candon s proposed by uller art objectrd to and hereby fated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryou cannot make rea to shipment Ib arrive era your promised delivery date as noted. Time of the execince_ Delivery and parficurance must be effected within the time sward on the purchase order and the documents unshod hereto. No acts of the Purchasers including, without limitation, overpower of partial late deliver., shall operate as a waiver of this provision. In the even of any delay. life Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due in muses ere reasonably fnoa Ole which are beyond its newer able annual and withom its fault ofoegligence, such acts nfGed, new ofeml or military authorities, governmental priorities, fires, strikes, flood, epidemics, 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 Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the perimi equal to the time notably lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this order will compact with applicable drawings, spaffl ations, samples andtor other descriptions given, will be fit for the purposes intended, mad performed with the highest degree of rare and competence th accordance with accepted standard for work of a similar nature. The Seiler agrees to hold the purchaser barmlrss from any loss, damage or expense which the Purcbmer may suf or incur on account of the Sellers breach of warranty. The Seller shall replace, cartoon make good, without curt to the purchauq any defers or fades arising within one (1) year or within such lodger period of time sac may be prescribed by law or by the terns of any applicable warranty xvide l by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreamnably delayed), resulting from imperfect in defective work done or materials famished by the Seller. Acceptance or use of good by the Purehascr shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall emend to all damages presumably caused by the breach of any of the fnceSoing warn a. or guaramers, but such liability shall in no went include loss of profits or loss of uses NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser, may make changes a legal arms by venom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other that. legal lamas, including ink ilians m or deletions from the quamines originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects Ilse mnount due or the time ofperfamance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhaer cony et any time by women change We,, mrminam his egreernend as ro any or all amiuns of the good then not shipped, subject to any equitable adjatment between the panics as to any work or materials than in progress provided that the Purchaser shall not be liable far any claims far anticipated profits on Ne uncompleted potion of the good maker work, for ondenai or a ama, ntal damages, and (bat no such adjustment be made in favor of the Seller with open an any good which are the Sellers standard stock. No such mrmination shall relieve me Porchsser or the Seller of any afheir obligations as W any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim for w1juamem must be acuned within thirty (30) days from the doe me change or temmiretioa is oodeed. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold instruction shall have been produced, sold, delivered and famished in strict mmplunce with all applicable laws and regulations m which the goods are subject. The Sella shall csemte and deliver such daumens as may be requited to effect or evidence complainer. All laws and regulations required an be ncarpomred in agreements of this chowder are hereby uninformed ed herein by Nis reference. The Seller agrees m indemnify and hold the Purchaser Formica, from all aces and damages su fi red by the Purchases as a .all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, transfer, or convey this order, m any monies due or to become due hereunder without the prior women consent ofthe other party. Ill. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furbished in performance of this agreement, free and clear of any and all lien, restrictioa, reservations, security interest encumbrances and claims of others. 11. NONWAfVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise, an any rights nobodies pmvidaor herein by law, fail. mompdy ratify the Seller in the event of a b romi the weeptanee ofor payment for goods hereunder or approval of the design, shall not relesse me Seller of any of me wrmanties or obligations of this purchae order and shall rat be deemed a waiver of any right of the purchaser as insist upon drier perf once ficrmfor any ofis rights or memories, ex, many such good,regardless of when shipped, received or accepted, as as any prior or subsequent default hereunder, new shall any xii a ed oral manneq in or rescission of this puchasee order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumkiser recognize that in areal economic practice, overcharges counting from antitrust violations are in fact berme by the Purchaser. Theretofore,f good wine and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal in .to antitrust laws for such overcharges relating to me particular goad or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumhaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sal let thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be programmed by the mbar expeditious means available to it, end the Seller shall pay oil costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all limit it, and claims of any nature resulting from me perlawarmtt of such work. This release shall apply e'en in the went of fault of negligence of me party micaad and shall extend Io the dhectors, cRcers and employees of such pinny. The Sidles contractual obligations, including warranty, shall not he droned To W reduced, in any way, Immum such work is Patented or roused to be performed by the Purchaser. 14. PATENTS. '41calver me Seller is required Io use any daign, device, rommal or wwas covered by later, paten, trademark or copyright, life Seller shall indemnify and save harmless the Purchaser from any and all claims for inGa'ar ew by motion of the use of such patented daign, device, material or process in connection with the contract. and shall indemnify the Purchaser for any ens, expense or damage which it may be obliged to pay by reason of such inferammenem at any time during the prosaution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held w consnmm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or puns, replace the same with substantially equal but noninfringing equipment, or modify a so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or hankmp, make an assignment far the bereft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this other may forthwith be canceled by the Purchar without liability. 16. GOVERNING LAW. The definitions of lams used or the intemboation ofthe agreement and the rights of all parties hereunder shall he combined under and govemxi by the laws of the Sate ofColomdo, USA. The following Additional Conditions apply only in comas where the Sella is to perform work hereunder, including me services of Sellers Repmunwtive(s), on the premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall easy on said weak to Sellars owe risk until the same is Billy completed and acepted, and shall, fir au of any anciden, destruction or injury to the work aM/ot materials before Sellers final completion anal acceptance, complete the work at Sellers own expense and m the satisfaction of We Purchases. Whm comenas and equipment am furnished by others for installation or motion by the Sella, the Sella shall receive, actual, store and handle same m the site and become responsible therefor as through such materials anion equipment were being fiunished by the Sella under the order. 18. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational diem n, benefits, to its employees employed era or in connection with the work covered by this pumhase order, molar to their dependmis in accordance with the laws of the sate in which the work is to be done. The Seller ,hull din curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Teat S300,000 for any one person, $500,000 for any one ucident and property damage limit per accident of $400,000, The Seller skill likewise require his contractors, if any. to provide Formula compenmtiun and in e. Before any cribs Sellersor his contractors employees shall do any work upon the premises of others, the Seller shall famish the Puncheon with a cenificam ,bar such compensation and nistrance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ce u finites shall specify the data when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until aact the count .,it s completed mud accepted. 19, PROTECHON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asuma the came rap edibility am liability for any and all damage, Into or injury army kind r nature whosoever to persons or property moved by or resulting from the exception craft work provided for in this purchase notice or in connection herewith. The Seller will indemnify and hold machines ss the Purchaer ad any or all of the Purchasers officers, agents and employees from and against any and all claims, loxes, damages, charges expenses, whether direr carmateri r, and whether to persons or property to which the Parchwor may be put m subject by reason of any act, action, neglect, omission or default an the pan of the Sella, any of his ontractors, or any of the Sellers or contmclors officers, agents or employees. In caus, any suit or other proceedings shall be bought against the Purchases, or its officers, agents or employees at any time on aco en or by reason of any act, action, neglect, omission or default of the Seller of any of her contractors or any of its or their oRcam, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the come ar its, Sellers can expense, to pay any add all casts, charges, anomeys fees and other expenses, any and all judgments but may be incurred by or obtained against the Purchaa or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lied 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 cause the same to be dissolved and discharged by giving bond or otherwise. The Seller rand his contractors shall take all artery precautions, furbish and insall all guards necessary for the prevemion of accidents, comply with all laws and regulminns with regard to safety including, but without limitation, the Ocmpational Safety and Health Act of 1970 and all mars and regulations issued param nuherem. Revised 03/2010