HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9142135PO
PURCHASE ORDER 914213er Page
C117/ of PURCHASE
9142135 t of z
' `t Collins
ins This number must appear
V ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 04/1512014
Vendor: 125216
WALSH ENVIRONMENTAL SCIENTISTS
AND ENGINEERS LLC
2629 REDWING RD #280
FORT COLLINS CO 80526-2879
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 04/15/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Lincoln Center
Final inspection/air monitor
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@fogov.com
1,054.50
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tenths and Conditions
Page 2 of 2
1. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local units. Our Exemption Number is
11. NONWANER.
98,04502. Palms[ Excise Tax Exemption Certificate of Registry S4-6000587 is registered with ale C011ator of
Failure of the purchaser to insist upon strict performance of the tents and conditions hereof failure or delay to
Infmal Revenue, Denver, Colorado (Ref. Colorado Revisal SUN. 1973, Chapter 39-26. 114 (aj.
exercise any rights or remedies potential herein Or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance ofor payment for good heremda or approval of the design, shall not telr are the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any Of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the
damage in hansil, may be minimal ,, you for credit and are not to be replaced except upon receipt of written
p.,Chase,to insist made strict perfommnce hereof or any of its rights or remedies as to any such good, regardless
instmctions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
Oral modification at rescission Of this purchase order by the Purchaser operate as a waiver of any of the farm
Inspection. GOODS are subject to the City of Pon Collins important on arrival.
hereof.
Final Acceptance. Racipt of the metnhmWise, monec, or qat,., in Cesponse to this Order can mull in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhonard payment an the Pan of the City of Fort Collies. However, it is to be understood that FINAL
Seller road the Purchaser recognize that in actual a es is practice, overchargresulting form antitrust
ACCEPTANCE is dependent upon mmphown Craft applicable required inspection procedures.
violmions aft in fact home by de Pufbasa. Theretaffe tor,good auf and as cansideretion for executing this
purchase order, do Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most h F.O.M. City of Fort Collins, 7W Wood St, To" Collins, CO 80522. atria
acquired under f daul or state antitrust laws for such ovmhargea rrlming to the particular goods or services
Otherwise specified on this oder. Upermission is given to prepay freight Oad charge separately, the original freight
purchased or acquired by the purchaser pursuanuo this purchase order.
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 from the nearest distribution point to destlmtion, and excess freight will he deductM from invoice when
shipments are made from Bremer distance.
Permits. Seller shall prome at sellm are cast all necessary pennon, certificates and licenses required by all
applicable laws, reguations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by only other duly functioned public authority havingjurisdiction over the work
of vmador. Seller fMet agrees to hold she Ciry of Fon Collins harmless from and against all liability and loss
incurred by them by Centro of an recomed or established violation of any such laws. regulations, ordwnces, roles
and res iremmts.
Amhoriaaion. All ponies to this commera agree then the representaloCt are, in fact, bons fide and possess fit and
omplete authority f bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lawns and conditions stated
herein set hung and any supplementary or additional came, and conditions annexed hereto or incorporated herein by
reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your
promised delivery date as noted. Time is of the essence. Delivery and penformamc must b, effected within life time
tab al on die purchase under and the documents aaachal hereb. No acts of ,he Purchum including, without
limitation, acceptance ofpanial lane deliveries, shall opm[e w a waiver of this provision In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable rrmedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shill rim be liable ter dasnages as a result of delays
due to Causes not reasonably foreseeable which an, beyond as reasonable control and without its fault of negligence,
such uses of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions coming 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, die date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, aniches, rrafrols and work covered by this order will conform with applicable
drawings, s,aif wi—a, sample and/or other dawriptims given, will be fit for the Purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'film venue. The Seller agrees f bald the purcMser harmless fmm any loss, damage Or Cepeme, which the
Purchaser may suffer or invariant ¢count of the Sells botch of amproW. The Sella shall rephos, repair or make
good, wifout cast an die purehoseq any defect, or fast. arising within one (1) year or within such longer period of
time w Cray be prescribed by law on by the terms of my applicable warranty provided by the Seller after ter date of
acceptance, of the goods famished hereunder (acceplance not in be unseasonably delayed), resulting (ram imperfect
or defective work done or materials fumishal by the Seller. Acceptance on use of goods by tee Purchaser shall not
cons,imf a waiver of my claim under this warranty. Except as oferwive provided in this purchase order, the Sells
liability hereunder shall extend to all damages proximutely caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or lass otiose. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wriam change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m we forts, other than legal train, including additions f or deletions fmm
the quantities originally oNemd in tee specifications or showings, by verbs or written change order. If my such
change affects the amount due or the time of peformarnre hereunder, an equifble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change Coda, toownwe this agreement as to any of all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to any work Or materials then in
progress provided flat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such temdnation shall relieve
the Panwaser or tee Sella affinity Of their obligations as to any good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjtsmnmt mom be nssened within thirty, (30) drys from tee Care tee change or temliralion is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f ishe l in auict
compliance with all applicable laws and regulations to which tee good we subject The Sella shall execute and
deliver such documents w may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchwer hurMess from all costs and damages suffered by the Purchaser w a result of the
Sellers failures. comply with such law.
9. ASSIGNMENT.
Neither pasty shall assigns aansfr, or convey this order, or any monies due or to become due hereunder without the
prior wriweo came nt ofthe ofor parry.
10. TITLE.
The Seller was was MI. clear and unrestricted in, to the Purchaser far all equipment, mmefals, and items famished
in peK m,antt of this agreement fir, and clear of any and all liens, rctriaus s, reservations, security interest
encumbrances and claims o f others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective gaols by a data to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to to permmed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release Be Postwar and its mamaaors Of by for firm all liability and claims of any ..am
resulting man the pefformantt ofsuch work.
This release shall apply even in the event of foul, of negligence of the pony release and shall extend m the
direelms, officers and employees ofsuch party.
The Sellers examecmal obligations, including warranty, shall not be deemal na b, forked, in any wa, because
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required ht use any design, device material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for infringement
by reamn of the use of such patented design, device, material or process in Connection with the comma, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged o Pay by reason of such
infringement at any time during the pfsaution or after the completion of the work. In case said equipment, or
any pan therm( or the intended use of the goods, is in such suit held to smoliote infringement and the use of
said equipment or put is enjoined, the Sella shelf, at its own expense sal at its option, either procure for tee
Purchaser the right to continue using said equipment or parts, replace the same Coif Substantially equal but
roninMnging equipment, or modify it an it become, noninfringing.
15. INSOLVENCY.
If the Seller shut[ became insolvent or bankrupt, make an assignment for the hmefit of creditors, appoint a
receiver or mares 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 fertns used or the interpretation Ofthe agreement and die rights of dl parties hereunder shall he
consumed under and governed by die laws of the State ofColofdo, USA.
The, following Additional Conditions apply only in faze where the Sella us ro perform wog hefundea
including we services ofS,llm Representagro(s), on the premises Ofothas.
17. SELLERS RESPONSIBILITY.
The Seller shall Cony on said work at Sellers own risk it the same is fully completed anM accepted, and shall,
in case of any accident destruction or injury to the work and/or mdcnals before Sellers final completion and
acceptance, complete tee work at Sellers own expense and to the satisfaction of the Purchaser, When mmmals
and equipment me f rmishal by others for foundation or erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such matenals and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide fan the payment of workers compensation, including acuWtional
disease benefits, to its employees employed on or in correction with tee work covered by this purchase offer,
manNor o their dependents in accordance with tee laws of the sate in which the work a f W done. The Sells
shall also any comprehensive general liability including, but not limited to, ao==] and automobile public
liability insurance with bodily injury was death limits of w least S3N,000 for any one person, 5500,000 fan any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, w provide for such Compensation and insurance. Before any of tee Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Parequeow with a certificate
that such compensation and insurance have been provided. Such cenincates shall specify the date when such
compensation and insurance have been provided. Such cenificatrs shall specify the dale when such compensation
and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until other the
entire work is completer) and mceptod.
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 whaatever to famous or potpaty caused by or resulting fmm she execution of tee work provided for in
his purchase under or in formation herewith. The Seiler will indemnify and hold hamlets tee Purchase end any
at all Of the Pu mean officers, agents and employees from are against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and shadier o persons or property to which tee Purchaser may
b, put or subject by reason of any act, atioo, neglect, omission or default on the part of tee Seller, any of his
contractors, or any of the Sells or contractors officers, agents or employees. In rase any suit or other
proceedings shall be brought against the purchaser, or its officers, agents or employees many time on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees w aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own tape., m pay any and all costs, Chingos, attorneys fees and other expenses,
any and all judgments that may be ineunal by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other praerdlags, and in case judgment or offer lien be placed upon or
obtained against the property of the purchaser, or said panda in or as a result of such salts or ofor proceedings,
the Sella will at once Case the some, to be dissolved and discharged bygiving bond or otherwise. The Seller and
his Contractors shall take all safety precautions, Formula and install all guards necessary for the prevention of
accidents, comply with all laws and regulations wife regard to safety including, but without limitation, tee
Occupational Safety and Health Act of 1970 and at mla and regulaniam issued Pursuant theme.
Revised 03n010