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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9143762130 PURCHASE ORDER 914376er Page C117/ of PURCHASE 43762 1 of z Flirt Collins( his number must appear V`I ` V 1 1 on all invoices, packing sli s and labels. Date: 07/02/2014 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: 07/02/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i CONSULTING SERVICES 1 LOT LS SAMPLES/REPORTS 500 RIVERSIDE 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:purchasingQfcgov.com 5,196.00 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 Fan Collins is exempt from sure and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. federal Excise Tax Exemption Crafficata of Registry 84.6000587 is registered with the Collector of Failure of the Purchsu to insist upon stun pcconnance of the tam¢ and mMitimss hereof. failure or delay to Internal Revenue, Denser, Colomda (Ref. Calomda Revised Smutty 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly money the Seller in the anent of a broach, the wraps. of., payment fan goads hereunder or approval of the design. shall nut release the Seller of Goods Rejected. GOODS REJECTED due to failure an meet specifications, either when shipped or due 1. defects of any of the warmntirs or obligations of Nis pumhue order and shall not M deemed a waiver of any right of the damage in tmiik may be Mumed to you for credit and are Out to be replaced except upon receipt of women purchaser to insist upon strict performance herd for any of its rights or remedies as many such goods, regardless instructions from Be City of Fort Collins. of when shipped, received or mxeptnd, ns to any prior or subsequent default hereunder, nor shall any purported oral modification or reuissing of this purchase oNer by the Punalmor operate as is waiver of any of the lams Inspection. GOODS are subject o the City of End Collins inspection on arrival. b geof. Final Acceptance. Receipt of the merchandise, services or aryipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL ercharges vercharges resulting from ii[nn nta Seller and the Purchaser Pccini. Ibar in actual ec no is pmov ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact Mane by the Purchaser. Thereufom, for good cause and u mnsideation for executing this pmchie order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hertaner Freight Terms. Shipments must be F.O.R., City of Fort Collins, 700 Wood St, fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this oiler. Ifpermission is given to prepay freight and charge separately, the original freight purchased or calired by the Purchaer pursuant to this purchase order, bill must accommmv invoice. Additional charges for packing will not be accepted. Shipment DiMance. Where maunfico rem have ditributmg points in us parts of the country. abipmem is expected from the nearest distribution point to destination, and excess freight will be dedne4rl Rom Invoice when shipments tare made from greater distance. Pemtils. Seller .shall procure at sellers sole cost all necessary permits, romficmes and licenses required by all applicable laws, regulmions, ordinances and roles 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 control. Seller further agrees to hold the City of Fort Collins harmless tram and against all liability and loss incurred by them by reamn of an asserted or established violation of any such bins, regulmions, ordinances, rates amrequirements. Amlmrizatim. All parties to this contmd agree that fe repsesemmtives arc, in fact, Man fide and possess fun and complete embanry 10 bind said pardw. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions statM hamin set fah and any supplementary or additional terms and cmndoios mo exed hereto or incogmmred herein by ref rence. Any additional or different erms and ... dinons proposed by seller art objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedlatly ifyou cannot make complere shipment to arrive on your promised delivery 6 to as noted. Time is of the essence. Delivery and Performance must he affected within the time stated on the purchase order and the documens attached beret. No acts of the Purchaser, including, without haunigion, arc ,wrice of pzni.l late deliveries, shall operate i a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the optinn of placing this coder elsewhere and holding the Seller liable for damageshowever, the Seller shall not be liable fur damages as . result of dal,, due m causes not reasonably foreseeable which are beyond its reasonable control and without its fact[ Of negligence, such acts of Go], ncm of civil or at lilnry autMn[ies, governmental priorities, finds, strikes, Mond, epidemics, was or ears provided that nmia of the conditions causing such delay is given to the Purchaser within live (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 period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gaols, articles, materials and work covered by this order will conform with applicable drawings, specifimtians, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a imilar nature. The Seller agree to bold the purchaser harade s tram any loss, damage or expense which the Puahass r may suff or incur on accoand ofthe Sellers breach of warranty. The Seller shall replace, repair ne nuke good, without cost to the purchaser, any delis or f Its arising within one (I) year or within such longer period of time as may be prigs nbed by law or by the terms of any applicable warrany provided by the Seiler after the date of acceptance of the goods famished hereunder (acceptance Put an M unreasmmbly delayed), resulting from imperfect or defective work done or annuals Promised by the Seller. Acceptance re tau of goods by the Purchaser shall nor onslitte a waiver of any claim under this warranty. Except in oferaiu provided in this purchase order, me Sellers liability hereunder shall extend 10 all damages pmaimmely caused by the broach of any of the forrou ng If rrontirs or gmmnteca, but such liability shall in no event include loss ofp.fm or had; of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wrincn change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than Icgal Iemts, including additions to or deletions from Ill. qumnities originally ordered is the specitiw[ions or drawings, by verbal or written change order. If any such change affects the amount due ar the time of perfrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oNer, terminate this agreement es to any or all podi.O, of Its goads than not shipped, subject to any equitable adjustment between the parties in to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pomon of the good andor work, for incidental or consequential damages, and that no such adjustment be made in facer of the Seller with respect to any grads which are the Sellers standard stock. No such umm uctimi shall relieve the Purchuer or the Seller of any oftheb obligations i to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for mjwwnmt most be asserted within dam (30) days from the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller commands Nat all good sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable bw: and regulations a which the good are subject. The Seller shall execute and deliver such domments as may M required to elfna or evidence compliance. All I.. end regulations acquired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold Ne Purchaser harmless from all cocks and damages suffered by the Purchaser u a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shill assign, Imnsfeq or convey this order, or any monies due or to become due hereunder without the Prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement. Bee and clear of any and all liens, restrictions, maummions, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE Oil SELLERS OBLIGATIONS. If the Purehaer, darer, the Seller to coned admonfotming or defective goods by a dale to be clinical .,an by the Pumhad and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work Ia he performed by the most expeditious means available to it, and the Seller shall pay all cosh usouated with such work. The Seller shall release the Purchaser and its contractors of any tier Gam all liability and claims of any minor resulting from the performance absuch work. This mleae shall apply men in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsmh funny. The Sellers cmntmnml obligations, including wmmnty. shall not be deemed to be reduced, in any way, because such work is perforated ar caused t be infomtid by the particular. 14. PATENTS. Whenever the Seller is required to use any design, device, maerial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pushier f any and all claims for infringement by reason of the use of such pleaded design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rmmn of such infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing alpipntent, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent err bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any Of the Sellers property or business, this order may forthwith Ed canceled by the Parchuu without liability. 16. GOVERNING LAW. The definitions of terms usN or the interpretation ofthe agreement and the rights ofall parties hereunder shall be compound under and governed by the Laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller u to perform work hemunder, including the services of Sellers Represenpitive(sJ, oa the premiers of mhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shcds own risk until the some is Fully completed am accepted, and shall, in case of any accident, destruction or injury to the work andor materials before Sellers fall completion and acceptance, complete the walk at Sellers own emensnse and to the sadisfacfion of the Purchaser. When materials am arylpment nor furnished by others for mountain. or artction by the Seller, Ne Seller shall receive, unload, surem and handle sae at the site and become responsible therefor a dough such materinb and/or equipment were be, famished by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatimuld disease benefits, m its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the spite in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dean limas of at )cast S30 ,00o for any one person, S500,000 for any me accident and property damage limit per accident of S4DD,nDO. The Seller shall likewise require his contractors, irony, to provide for such compmnsation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cediGeate that such compensation and insurance have Earn provided. Such cedificates shall specify the date when such compensation and isumnee have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained ..,it after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the moo, enpamibillty and liability for any and all damage, loss or injury of any kind or narure whatanmxr to persons or masonry caused by or resulting from the execution of file work provided for in this purchase order or in connection bertwidh. The Seller will Publicity, and hold hmmlas Ne Purchaser and any r all of the Purchasers officers, agents and ernployees from and against any ram all claims, Image, damages, charges or eupgrade, whether direct or inert wed whether to persons ar property b which file POrchaer may be at or subject by reason of any al action, region, omission of defult on the Pont of the Seller, any of his comma o s, or any of the Sellers or commercial officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its oReas, agents or employees at any time on secoum or by reason of any act, action, Pill omission or default of the Seller of any of his contractors or my of its or their, oBicers, agents re employees as aforesaid, the Seller hereby agrees ou assmne the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, Attorneys fees and other expletives, my and all judgments Nat may M incurred by or obtained against the Purchaser or my of its or their office*. agents or employees in such suits or other proceedings, and in case jmgmmt or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or in a result of such suits Or other pracedings. the Seller will at once close the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prerautime, famish and install all grads necessary for the prevention of tridents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupmlonal Safety and Health Aar of 1970 and all rules and regulations issued pursuant therem. Revised 032010