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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS - PURCHASE ORDER - 9143586 (2)City of F`or_t Collins PURCHASE ORDER Date: 10/17/2014 Vendor: 125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS LLC 2629 REDWING RD #280 FORT COLLINS CO 80526-2879 PO Number Page 9143586 1of2 This number must appear on all invoices, packing sli s and labels. 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 2 change order Block 32 Asbestos oversight 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 1 LOT EA 3,065.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excise Tax Exemption Centime. of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon sine? performance of the terms and conditions hereof, failure or delay to lotemal Revenue, Denver, Colorado (Ref Colorado Revised Semmes 1973, Chapter 39-26, 114 (a). exercise any rights or comedies 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 oftbe design, shall not release the Seller of Goo& 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 be deemed a waiver of any right of the damage in hansiq may be retumed to you for credit and are no? to be replaced except upan receipt of written purchaser to insist an and performance heeofor any of its rights a remedies as to any Bach grads, regardless inswetuds from the City of Port Collins. of when skipped, received or accepted me m any prior or subsequent default himundm nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teats Inspection. GOODS am subject to the City of Pon Collins inspection on afraid. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authodeed payma.? on the pan Of the City of Fort Collins. However, it is t. be undestood that FINAL Seller and the Purchaser recognize that in actual economic puraid, overcharges resulting from antitrust ACCEPTANCE isdependentuponermpletirn ofell ap,],cable ranireditudowion procedures, violations are in fact home by the PurcM1aser. Tharmfore, for good cause 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 Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods m services otherwise specified an this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaer pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in vanons pans of the country, shipment is If the Purchaser directs the Seller to coact nonconforming or defective goods by a& is to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be dommed from Invoice when Purchaser and the Seller, and the Seller Tensile, indicates its inability or unwillingness to comply, the Porchaser shipments are made from greater distance. any cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, wiffiedes and licenses required by all applicable laws, regula des, otdir a.ess and miles ofthe sate, municipality, terrumry or political subdivision where the work is performed, or required by any other duly constituted public authority himmajurisdiction over the work of vendor. Seller further agrees m hold the City of Port Collins becialess from and against all liability and loss red by them by . of an asserted or established violation of any such laws, regulations, ordinances, files and reamrequirements. Authmizatirn. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS- This Purchase Order expressly limits acceptance to the arms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toots and conditions proposed by sellaus objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Franked delivery date as noted'Gae is of tM1e esscce. Delivery and performance most be eReded wilin the time stated an the Pamlico, order and the documens attached hereto. No sets of the Purchasers including, without Imutdion, acceptance of partial tote deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall na, be liable for damages as a result of delays due In causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofrughgonce, such acts of God, acts of civil or military authorities, gnvemments] pnmi?ies, fires, strikes, Bond, epidemics, wars or Hots provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the time when me 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 mentally lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all gee&, articles, materials and work covered by this maker will confrtm with applicable drawings, specifications, samples and/or other descriptions given, will Is, fit for the Proposes intended, and performed with the highest degree of care and competence in accordance with accepted sander& for work of a miler nature. The Seller agrees to hold Be purchaser harmless from any lass, damage ar expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defoces or faults arising within one (I) year or within such longer period of time at, may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the One of acceptance of the goods famished hereunder (acceptance not to be unconscionably delayed), resulting from imperf xt Or defective work done or materials famished by the Sells,. Acceptance or nse of goods by the purchaser shall not constitute a waiver of my 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 guarantees, but such liability shall in no event include Imes of profits or lass 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 terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verWl or wi change node. If any sucb change affects the amount due or the time of perfrmranee hereunder, son ant able adjustment shall be made. 6. TERMINATIONS. The Purchase may at any time by watt. change order, terminate this agreement as to any or all porous of the goals then not shipped, subject to any equitable adjustment between the parties as 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 portion ofthe goods and/or work, for incidental or consequential damages, and Nat no such adjustment be made in favor athe Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obligations at, to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sect compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance. All awe aid regulations required to be ncoryoroted in agreements of this chameter me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sudered by the Purchaser as a Penh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall mailer, Lumber, 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 all, cleat and unrestricted title to the Formula for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security imees, encumbrances and claims of others. The Seller shall release the Purchaser aid its contactors of any tier from all liability and claims of any nature resulting from the performance of such work. Ibis release shall apply even in the event of fault of negligence of the patty released and shall extend to the dundums, officers and employees rf meh party. The Settees contractual obligations, including warranty, shall not be deemed to be battered, in any way, becomes such work is performed or caused to be performed by the PurcM1me. 14. PATENTS. Whenever the Seller is required to use any design, device, amenal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by rason of the use of such proceed design, device, malarial or process in connection with the contract, and shall indemnify the Purcbnser for any cost, expense or damage which it may be obliged to pay by reason of such mu ,mean t at, any time during the prosecution a ether the completion of the work. In rase 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 of pan is enjoined, the Seller shall, at its own expense and at its option, either premre for the Produced the right to continue using said equipment or parts, replace the same with substantially equal but noninfieging equipment, or modify it so it becomes noninftinging. 15. INSOLVENCY. If the Seller shall become insolvent or 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpreatlon ofthe agreement and the rights of all parties hereunder shall be crnstmed under and gmo mod by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, iucluding the services of Sellers Represenativda. on the premises of ethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellees own risk until the same is fully completed said accepted, and shall, in se of any accident, destruction or injury to she work and/or materials before Sellees final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for iratallation or erection by the Seller, the Seller shall receive, Poland, store and handle some et the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the Prefer. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchnse order, and/or to their dependena in accordance with the laws of the cam in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, carrecbnal and automobile public liability insurance with bodily injury and death limits of at lease $300,000 for any one person, 5500,000 for any one accident and property decamp limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and Insurance- Before any of the Sellers or his contracions employees shall do any wad upon the premise of others, the Seller shall ater sh the purchaser with acertificatewhen c c m such cmpensni and insurance M1ave been provided. Such hall spew shall is when the date when such compensation and insurance have been provided. Such certificates shall insurance the date when such compansatioe and le work is expires. The SGIe agrees that such compmsatimn and imumou shall be malnalned null after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby, assumes the entire rommuibiliry and liability for any and all damage, loss or injury of my kind or nature whaa never to persons or proper, 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 Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors Officers, agents or employees. In case 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 my act, action, neglect, omission or default of the Seller of any of his commcmrs or any of its in their officers agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, atmmrys fees and other experues, any and all judgments that may be incurred by or obtained suits? the Purchaser or any Of its Or their officers, agents or employees in such suits Or other proceedings, and in case judgment or Other lien be placed upon or mained spatial he prop my 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 and his contractors shall Pike all safety precautions, famish and install all guar& necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all miles and regulations issued pursuant themto. Revised 07Q014