HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9143586PO
PURCHASE ORDER 914358 Number Page
C117/ of PURCHASE
9143586 1 of z
Flirt( OI I Ins This number must appear
.,\V`I ` V " on all invoices, packing
sli s and labels.
Date: 06/26/2014
Vendor: 125216
WALSH ENVIRONMENTAL SCIENTISTS
AND ENGINEERS LLC
2629 REDWING RD #280
FORT COLLINS CO 80526-2879
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/25/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
TESTING SERVICES 1 LOT LS
ABATEMENT OVERSIGHT ON BLK 32
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:purchasing@fcgov.com
7,244.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tetras and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By s mate the City of Fort Collins is exempt from suite and local taxes. Our Exemption Number is
98-045@. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure m mail specifientwoo, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not m be replaced except upon receipt of written
instructions from the City of Fan Collins.
Impaction. GOODS are subject to the City of Fort C011im inspection on states].
Final Acceptance. Receipt of the machandise, sus or equipment in rations, to this order can result in
aathodzed payment on the pan of the City of ran Collins, However, it is m be understood than FINAL
ACCEPTANCE is dependent upon compleion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Pon Collins, 700 Wood St., Fort Callim, CO 80522, unless
otherwise specified on this other. Hpermission is given to prepay freight and charge sepam ily, the original (might
bill mast accompany invoice. Additional charges for packing will not be arcepled.
Shipment Distance. Where manufacturers have distributing points in various pans of the aumry, shipment is
expected from the lowest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary peamim, ecnificala count Bermes required by all
applicable laws, regulations, ordinances and roles of the suite, municipality, Ratiory or political subbsoxion where
the work is performed, or natural by any other duly comtimted public authority having junwiction over the work
of vendor. Seller further agrees to hold the City of Ton Collins hamtlm from and against all liability aM loss
incurred by than by reason of an asserted or csablished violation of any such laws, nattations, ordinances. rates
and r quirements.
Authorization. All panics to this contract agree that flue representatives are, in fact, bow fide and possess full and
complete summary to bind said panics.
LIMITATION OF TERMS. This Parehme Under expressly limits aceeptana to the terms mail conditions stated
herein act Sorb and any supplementary or additional Rants and conditions annexed hereto or incorporated herein by
rehears. A, additional or different Rom and conditions propmed by seller are objaned to and hereby rejected.
Z. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
promised delivery date m noted. Time is of the cs xmae Deli%cry coed performance most be effected within the time
stated on the porchax order and the documents starched hereto. No acts of the Purhasm including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision In the event of any delay,
the purchaser shall have, in addition mother legal and equitable remedies, the option of placing this order dxwhete
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to camas not reasawbly hrmttablc which art beyond its reasonable around and without iu fault of negligence,
such acts ofGod, acts of civil or military.thoritus, govemmenuil prom iea rims, strikes, flood, epidemics, wars or
hots prmided that notice of the conditiom causing such delay is given to the Purchaser within foe (5) days of the
time when the Seller first received knowlalge thereof In the event of any such delay, the date Of delivery shall be
exRaded for the period equal no the time a mard], loss by reason ofrbe delay.
3. WARRANTY.
The Seller owners that all goods, articles, materials and work avcred by this other will conform with applicable
drawings, specifications, samples andbt other demnuiom given, will be fit for the proposes intended, and
performed with the highest degree of can and competence in accordance with accepted standards for work of a
radar nature. The Seller agrees to hold the purchaser harmless fan any Ira , damage or expense which the
Purchaser may sufferer incur on account of the Sellers breach of wamenry. The Seller shall replace, repair or make
good, without cost to the purchoseq any defas or faults mixing within one (1) year w wirbia such longer pained of
time as may be prescribed by law or by the team crony applicable warranty provided by the Seller after the daft of
acceptance of the goods famished hereunder (acceptance not to be unreaxnably delayed), resulting from imperfect
or defective work done or materials fomished by the Seller. Acceptance or use of goads by the Purchaser shall nut
accurate a 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 warranties
or wousur ea, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED N'ARRAWY
OR MERCHANTABILITY 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.
Thk Purchasrmay make any shames o the nano, other than leb I terms, including inkininns at or delainas from
the gwntitiesoriginally cohered in the specifications or drawings, by verbal or written change order. If any such
change offer. the amount one or the time of peffrrrowe hereunder, .w equitable ichmonenr shall be made.
6_ TERMINATIONS.
The Purchaser may st any lime by wnuar change order, terminate this agreement as to any or all poniora of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchmer shall not be liable fur any claims for anticipated profits on the uncompleted
portion of the goods anlsor work, for incidental or consequential damages, and that no such oJjuwment be made in
favor of the Seller with respect to any goods which are the Sellers standard stook. No such temrination shall relieve
the Purchaser of the Seller of any of their obligations m to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or coordination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f mished in strict
compliance with all applicable laws and regulations to which the goods oft subject. The Seller shall execute and
deliver such documents m may be ox vim d to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character art hereby iworpomted herein by this refetenm. The Seller agrees to
indemnify and hold the Purulence, harmless from all cows and damages suffered by she Purchaser m a result Of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall mango, transfer, or convey this order, or any monies due or to become due hereunder without the
prior worms content ofthe other party.
10. TITLE.
The Seller warden full, clear and utuestnwed title to the Purchaser for all National, materials, and items fumshed
no peadmosexame of ths vgr urnam, f and at. of any out ell liens, restrictions, reaeaaliom, seeunry interest
encrrmbmm cs and claims ofoijun,,
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
any rights ar remedies provided hared. or by law, failure to promptly ran fy the Seller in the event of a
breach,
the acceptance ofor payment for goods hereunder or approval ofthe design, shall trot release the Seller of
any of the warranties or obligan m of this purchase order and shall no be deemed a waiver of any right of the
purchaser to insist upon strict performance here0for my of its rights or remedies m to any such goods, regardless
of when shipped, received or accepted, m many prior or subsequent default hm.der, our shall any purported
oral modification or rescission of this purchase order by the Putohaur operate m a waiver of any of the team
hereof.
13. ASSIGNMEW OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic pmetfce, overact resulting from antitrust
r. Th violations art in fact home by the Purchaseerefo tore afar goal cause and as comidemtion for executing this
purchax order, the Seller hereby amigm to the Purchmer any and all claims it may now have or heaafln
acquired under federal or state antitrust Taus for such ovachar ges relating to the particular goods or services
purchased or acquired by the Purchmer pursuant to this pumhma, other.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
If the Purchaser defcts the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, mdd the Seller hmaBer indicate, its inability or unwillingness ro comply, the Purchmer
may crux the work to be performed by the most expeditious means available to rt, not the Sever shall pay all
casts acsocutcd with such work.
The Seller shall release the Purchmer and its contractors of any tier from all liability and claims of any retire
resulting from the performanee ofsoch work.
This seems, shall apply a ea in the event of fault of vey,ome, of the patty relented and shall extend to he
diteaors, offers and employees of such any.
The Selle's contmnual obligations, including answer, shall nor be deemed to be reduced, in any way, Feeauu
such work s performed or aimed b be performed by the Purchases.
14. PATENTS.
Whenever the Seller is monorail to case any design, device, material or process covered by lamer, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchmer from ivy and sell claims for infingem.t
by reason of the use of such patented daow device, material or process in connection with the annuact, and
shall indemnify the Purhaser for any cost, expenx or damage which it may be obliged to pay by reason ofrwh
infringement at any time during the pormandiw or after the completion of he work. In case said ,unpmat, or
any Joan thereof ar the intended me of the goods, is in such suit held to comEmR infn-ngemevt and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense will at its opfion, either Procure for the
Purchaser the night Ir continue using said equipment w pans, replace the same with substantially eqa but
noninfnging ai ipmmL or modify it so it becomes noninGnging.
15, INSOLVENCY.
If the Seller shot) become insolvent or haN pt, make an assignment for the benefit of million, carrier a
or tmsree for any of the Sellers proper, or business, this order may forthwith be canceled by the
Putcluur wihour liability.
16. GOVERNING LAW.
The definitions ofterms mad of the imerpretatimi ofthe agreement and the rights of all panics hereunder shall be
comrmed under and governed by the laws of he Suite of Colorado, USA.
The following Additional Conditions apply only in crux where the Seller is to perform work hereunder,
including the services of Seller Represenuitive(s), on the premises ofohers.
IL SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own ask until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work andror materials before Seller's firal completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Pumhasa When materials
and equipment are fumolmd by others for installation or erection by the Seller, the Seller shall receive, .load,
store and handle same at the sift and become responsible therefor as though such materials asNor tompmar
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for he payment of workers compensation, including occupational
disease benefit, to its employees employed on or in connection with the work covered by this purchase works,
and/or to their dependents in accordance with the laws of the slate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, conrmctual and automobile public
]toot]try inswrry ess a with bodily injuand death limits of at Ir 5300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, m provide for uch compete and insurance. Before any of the Sellers or his contractors
erntmomrs s of
aSell
employees shall do any wad upon the premises of criteria, d, Seller shall famish the PumhmhT wit a won su h
that such compensation and
ce insurance have been provided. Such c rtifarea shall specify the date when soon
.up insurance
and insurance have been pmvt such
Such Certificates shall specify the date when such compensation
and ie work is expires. The Seller agree that svcM1 compensation al imumnec shall be maintained ail after the
entire wad is completed and aceepmd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Prombuer and any
r all of the Purchusers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persam or property m which the Purchaser may
be put or subject by reason of any act, action, neglect, omission Or default . she pm of the Seiler, any of his
contractors, or any of the Sellers or contractors officers, agents Or employees. In case any suit or whet
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any am, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their often, agents or employees m aforesaid, the Seller hereby agrees to assume he defense thereof and to
defend the game at the Sellers own expense, m pay any and all casts, charges, attorneys fees.d other expenses,
may and all judgments that may be incurN by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in cane judgment or other lien be placed upon or
obtained against the pmpay ofthe Purchaser, or said parties in or m a result of such suits or other pmceedmgs,
the Seller will an once cause the same to be dissolved and dcaumod by giving IaroW or oherwix. The Seller and
his actmnors shall sake all safety precautions, famish and moral all guards necessary for he prevention of
accidents, comply with all laws and regulations with regaoh an safety including, but without limitation, the
Occupational Safety and Health Act of 1970 mad all rules and regulations issued pursuant herem.
Revised (GOO10