HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9144369Fort Collins
Date: 0810112014
Vendor: 125216
PURCHASE ORDER
WALSH ENVIRONMENTAL SCIENTISTS
AND ENGINEERS LLC
2629 REDWING RD #280
FORT COLLINS CO 80526-2879
PO Number Page
9144369 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 08/01/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 GROUNDWATER SAMPLING-N SHIELDS
SANITARY SEWER EXTENSION PROJ
1'rijFl;
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 LOT LS
3,820.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
1. COMMERCULDETAIIS.
Tax exemptions. By smite be City of Fort Collins is exempt fmm mile and local nixes. Our Exemption Number is 11. NONWAIVER.
98-M502. Federal Excise Tax Exemption Certificate of Registry 84.6 XX)58'! is registered with the Collector of Failure m the purehaser to insist uW i smici performavice of the reran and conditions firmwE failure or delay to
Internal Revenue, Denver, Calomdo (Rcf. Colorado Reared Statutes 1973, CM1apmr 39-2h I I4 Ld, exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due or defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinm purchaser to insist npan strict parfomrance hereofor any of its rights or remedies us to any such goods, regardless
instructions from the City of Fort Collins, of when shipped, received or accepted, s to any prior or subsequent default hereunder, nor shall any purynned
oral modification or rescission of this purchase order by the Purchaser ,,amm as a waiver of any of the farms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in 12. ASSIGNMENT OF ANTITRUSICLAIMS.
authorized payment im the pan of the City of Fort Collin. However, it is to be understood that FINAL Sailer and the Purebacr recognize that in actual moronic practice, overcharges resulting firm mtitrst
ACCEPTANCE, is dependent upon completion Mall applicable m,ared inspection praedmes. violations are in fact bonze by the Parchaer. Theretofom, for good muse and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter
Freight Tens. Shipments cost be F.O.B. City of Fon Collins, 700 Wood SL. Fort Collins, CO 80522, unless acquired under federal or slate amitmst laws for such oaacharges relating to the particular goods or slices
otherwise specified on this order. If permission is given in prepay freight ad charge separately, the original freight purchased or acquired by $e Purchaser pursuant to Nis purchase orde,
hill most accomnane invoice. Additional chances for awkina will not be, accmled.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected man the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments me made firm greater distance.
Pcmtit. Seller shall procure at sellers sale cost all necessary pamtit, certificta and licenses required by .11
applicable laws, regulations, no imances and rates of the stem, municipality, Iemtory or political subdivision where
the work is perforrnd, or rcqund by any other duly constimted public authority having lam betion over the work
of similar. Seller fndid, agrees to hold the City of Fort Collins Entities, from and .,dust all liability and loss
incurred by them by rcawn of an assumed or established violation of my such laws, regulation, indicators, ml¢
and requirements.
Amlminamim. All partia In this contact agree that the resesentativa are in fact, bona fide aM possess full and
complete authority m bind said parries,
LIMITATION OF TERMS. This Purchase ONer exp¢ssly limits acceptance In the terms and conditions slamrl
herein set fall, and any supplementary or additional moms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by sel let arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
promised delivery date as noted. Time is of the essence. Delivery and performance order be effected within the time
stated on the purchase order and the dacumm¢ attached hereto. No act of the Purchasers including, without
limitation, acceptance of panel late deliveries, shall opeato s a waiver of this prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal uM equitable remdies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a .1. of delays
due to souses not reamnably foreseeable which are beyond its reasonable comml and without its fault of negligence,
such acu of God, eats ofciA[ ar military aumonfles, 6 ,emmenfl priorities, Dunes, strikes, flood, epidemics, wars or
riots provided [hat 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 therm[ In the event of my such delay, the date of delivery shall be
extended for period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, Midas, materials and work cdwereal by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of are and competence in acdoodance with accepted standams for work of a
similar wove. The Seller agrees to hold the purthaur hannlns from any loss, damage or expertise which the
Purchaser may suit or moor on account dram Sellers bench of wamnty. The Seller shall replace, repair or make
good without cost to the purchaser, any dcfcot or fault arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller drier the date of
<eemence of the goods fumishN hereunder (acceptance not to be i m cam bly delayd), resulting from impartial
or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
hand Iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or gtoo meex, but such liability shall in cos event include loss of pmfils Or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF Ff INESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal corms by wnvrn clmnge order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions fmm
the quantities originally obsed in me spaificaties or drawings, by s'eAal fir writtrn change order. If any such
change affect the amount due or the time ofperformmad hemundea on equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any lime by wrilmm change Oder, minimum this a,ficuu m as to any or all portions of the
gods then not shipped, subject n any equitable adjustment between the parties as to any work or materials then in
progress provided that (lie Purchaser shall not be liable for any claims Nr atnicipaed profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment M made in
favor of Ne Seller with respire, In any goods which are the Sellers standard stack. No such ourninmion shut] mlieve
the purchaser or the Seller of any of that, obligations as many goods dalwared hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for djusunrnt cost be asserted own. thin (30) days from the doe be change or mom minks, is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goats sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and
deliver such documents as may be required to effect ar evidence compliance. All laws and regulations required to be
ncorporated in agreements of this character are hereby incerpomtod herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamtless from all costs and damages suffered by be Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pony shall assign, w sfer. or convey this order, or my mortis due or to become dad hereunder without the
prior women consent of the other parry.
10. TITLE.
The Seller warrants full, clear and mreandied title to the Purchaser for all equipment, material, and items fumishd
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, second, interest
encumbrances and claims of omen.
13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonconforming or defective goods by a data to be agreed upon by the
Purchaser and the Seller, send the Seller theraher indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditions mans available to it, and the Seller shall pay all
eoet associate with such work.
The Seller shall release the Purchser and its ounitatlors of any tier fmm all liability and claims of any mmm
resuhing firm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Irony released and shall extend to the
directors, nfli,—and employees ofsuch party.
The Sellers contactual obligations, including warranty, shall not be deemed to be redwed, in any way, because
such work is perforated or caused ro b<performed by the Purchaser.
14. PATENTS.
Whenever me Seller is required to use any design, device, materiad or process covered by letter, patent, trademark
r copyTighl, the Seller shall indcnamly and save himnle,e the Purchaser t'nm any and all claims for infringement
by reason of the use of such pinned designu device, material or process in connection with the contract, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such
abridgement at any time during the prosecution or tiller the completion of the work_ In case said equipment, or
any pan thereof or the id etWcal me, of the goods, is in such suit held to concede infringement and the cis of
said equipment or pan is enjoined, the Seller shall, M its own expense and at its option, either procure for the
Purchaser be fight to continue using said equipment or pans, replace the same with substantially bind but
rmninGngin, ex, ipnmt, m modify it soil becomes roainfnd,urs .
15. MSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver Or basme for any of the Sellers property or bslnems, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNMG LAW.
The definitions offirm a used or the interpretation of the agreement and the fights of all panics hereunder shall be
concerned trader and governed by the laws afraid Sale of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repiessnmtive(s), on be pm nisu of others.
IT SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Setters own risk until the same is Polly completed and accepted, and shall,
in case of any accident, destmction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the wad al Sellers own expense and m the satisfaction of the Purchaser. When materials
and equipmenr am famished by.,hers for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and Laramie responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disuse hmefrs, to its employees employed on or in commotion with the work covers by Nis purchase order,
anNono their dependent in accoName with me laws of Nc state in which be work is to be done. The Seller
shall also arty comprehensive general liability including, but trot limited to, coatractml and amomabile public
liability isurance with bodily injury and death limits also least S300L000 for any one pervert, 550R00h for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such confirmation and insurance. Before any of me Sellers or his contractors
unployees shall do any ..,it upon oat premises of others, be Seller shall mannish me Purchaser with a certificate
that such comprnsation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the data when such compensation
and insurance expires. The Seller agrees that such cm,c u,nian and insurance shall be maintained until ante the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sswares the entire respommil iry and liability for any and all damage, loss or injury ofi ny kind
or named what ever 1. persons or property caused by or resulting from the execution of the work provided for in
this purchase order ar in romnation heresviOL The Seiler will indemnify and hold harmless the Purchaser and any
or all of be Pno,ou , oMr., .,ants and employees from and against my and all claims, losses. damages,
charges or expenses, whether direct or indirect, and whether to permm or pri to which the Paralfiessfir may
h put or subject by reason of my act, action, neglect, omission or default on be pan of be Seller, any of Ids
contractors, or any of the Sellers or contractors officers, agatt or employees. In eau my 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, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agent or employees as afaresaid, be Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtainN against the Purchaser or any of its or their officers,
agents or employees in such snits or other proceedings, and in case judgment or other two be placed upon or
obtained against %e property of the Purchaser, or said parties in or s a mull Mauch suit or other proceedings.
the Seller will at once cause the same to be dissolve and discharged by giving bond or otherwise. The Seller and
his contractors dull sake all safety precautions, domain and install all guards necessary for me prevention of
accident, comply with all Laws and regulations with regard to safety including, but without limitation f
Occupatiotul Safety and Health Am of 1970 and ill miss and regulations issue pursuit thertto.
Revised 07a014