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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS - PURCHASE ORDER - 9146442PO PURCHASE ORDER 914644er Page City, of PURCHASE 46442 t of 2 �} Collins( his number must appear V "' 1 on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS LLC 2629 REDWING RD #280 FORT COLLINS CO 80526-2879 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 CONSULTING SERVICES GRNDWTR RE -SAMPLING SRVCS 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com i�iC�7i�l[y 2,700.00 rzrTrxrTrl 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collis is exemptfmm stare and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-600058'! is mgism,, with the Collector of Failure of the Purchaser on omit upon strict preformnee of the temp and conditions hereof, failure or delay to lnmmal Revenue, Deaver, Colorado (Ref. Colorado Revised Stimta 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly redly the Seller in the event of a breach, the M. of., Payment f goods hereatder or ap1.1 error design, shall not tclrme the Seller of Goods Rejected. GOODS RFJECFED due m failure to meet specifications, either when shipped or due an defects of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of my right of the damage in mnsit may h retumN ou you for credit and are not to h replaced except upon receipt of writen purchaser to insist upon strict performen a her"f or any of its rights or remedirs m b any such goods, regardless imwetiom from the City officer Collins. of when shipped, recrived or accepted, as b any prior or sub x ant default hereunder, nor iMll any prepoaM am[ modification or rescission of this purchase order by fie Pmefomer operate as a waiver of any of the terms Inspection. GOODS arc subject to no City effort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or egitipm"t in response m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pat of the City of Fiat Collins However, it is to be understood that FINAL Seller and the Purchase recognize that in acrml m rcha is practice, overges resulting from antitrust ired inspection procedures. ACCEPTANCE is depead"t upon wmplinion of all applicable required violations ere in Met home by the Purchaser. Theretofore, forgoodcause and as wmideration for executing this purchase order, the Seller hereby assign to the Pumhasa any and all claims it may now have or hereafter Freight Terms. Shipments must be F O.B., City of ran Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired under federal or state suffered laws for such overcharges relating ro the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant on this purchase order. bit must amen, my invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the comity, shipment is If the purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will h deducted from Invoice when Purchaser and the Seller, and the Seller fminfier indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may caux the work to he 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 pemiu, ceni0catm and lieensm required by sill applicable Ines, regulations, ordinances and roles of the state, municipality, territory or Political subdivision where The Seller shall release the Purchaser and its contractors of any tier f all liability and claims or any wane Or work is perforated, or required by any other duly ornatimted po alic authority levoin, jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to held the City of ran Collins harmless from and against all liability and loss incurred by them by ream. of an a55crted or established violation of any such laws, regulators, concerns. roles This release shall apply even in the event of fault of negligence of the party oriented and shall extend m the and requirements. directors, officers and employees afsuch pmry. Authorization All parties to this contract agree that the repreemztiva rear, in fact tom fide and possess full and complete authority to bird said rumors. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the from and condition scored herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hared by reference. Any additional or different terms and conditions pmpased by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time ,tuned on be purchase .,it,, and die documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Pumhaser stall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, fie Seller shall not be liable fro damages as a result of delays due to causes not mamiably foreseeable which are beyond its reasonable control and withom its fault of negligence, such ,is of God, is of civil or military ourhdOs, gwernmemal priorities, fires, strikes, flood, epidemics, wars or nuts provided that 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 thrreof. In the event of any such delay, the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, aides, materials and work covered by this arder will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, end Performed with the highest degree of care and competence in accordance with accepted standards for wear, of a imil., mart. The Seller agrees b hold the purchaser ormnlms f any loss, damage or axpcmr which fe Pumhaer may suR or incur on account of the Sellers breach of wamnty. The Seller shall replace, require, make good, without cost to no purchase, any defects car faults u using within one (1) year or within such longer period of time as may be prescribed by law or by fe terms ofany applicable warranty provided by fie Seller after the date of acceptmer of the goods fumishM hereunder (acceptance not ro be come suably delayed), rrselting from imperfect or defective work done or materials garnished by the Seller. Acceptance or use of goods by fie Purchaser shall not constitute a waiver of any claim under this wmanry. Except m 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 loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes ro he terms, other fan legal rams, including additions to or deletions form fie quantities originally ordered in the specifications or drawings, by aeroal of woven change order. If any such change affects fiz e amount due or the time ofperformnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by —a- change under, fr mince this agreement as many or all ponime of fie good then trot shipped, subject to my equitable adjusment betwccn fie panics as to my work or frownals then in progrem Proeidrd them fe pardoner shall not to liable far my claims to, mticipated points era th uncompleted portion of fie good mNor,vents, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with aspect no any goods which are the Sellers stmdad stock. No such termination shall relieve the Purchuser or the Seller of my affair obligations as to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within dim, (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrems that all goods sold hereunder shall have been produced, sold, delivered and famished in seta compliance with all applicable laws and regulations m which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulaiom required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees ro indemnify and hold the Purchaser humorless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder woman fie prior written consent ofthe other parry. 10. TITLE. The Seller wamnts full, clear and integrated tide in the Purchaser for all equipment, materials, and items furnished in performance of this agrermeni, fee and clear of any and all line, restrictions. ananioniom, security interest emvmbrmces and claims ofade,rs The Sellefs commensal obligations, including wamury, shall not h deemed no be redmed, in my Way, because such work is performed or caused 1. he pefomM by the Powlesser. 14. PATENTS. Whenever the Seller is required to use any design, desce, material or process covered by letter, Patera, trademark or copyrighl, the Seller shall indemnify and save formless fie purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason afsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thercolar the intended use of the grads, is in such suit held to constitute infringement and the use of said equipment err pan is enjoined, the Seller shall, at its own expense and at its option, either procure fir the Purchaser the right to continue using said equipment or pros, replace the same with substantially equal but noninfinging equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall became insolvent or baikmpt make an assignment for fe benefit of credec rs, appoint a tar trustee for any of the Sellers property err business, this order may forthwith Isecanceled by the urch Paser x'ifaut liability. 16. GOVERNING LAW. The di ftnirions of.. used or the interpretation of fe ageemet, and fie rights ofail patio hoarder shall be construed under and governed by the laws ofthe Stare ofColorido, USA. The following Aditioml Conditions apply only in aces where no Sella is to perform work hereunder, including thc sereicm of5ellers Re mincrmive(s), on the premise of others. IT. SELLERS RESPONSIBILITY. The Sell. shall extry on said weak at Sellefs awn risk moil the, same is fully completed and accepted, and shall, in case of any accident, dauuclion or injury to the work and/or materials Winne Sellefs final completion and mttpaance, complete the work at Seller's men expense and to the satisfaction of the Partisan. When materials and .lcip..t are garnished by .,hers far i eallmion or erection by the Seller, he Seller shall ovetn e, unload, store and handle some in the site and become responsible therefor in though such materials and/or equipment were being famished by the Seiler under the order. 18. INSURANCE. The Seller shall. of his own expense, provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mNOr to their dependents in accordance with the laws of the slate in which the work is at h done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofin least S300.000 for any one Person, Stop" for any one accident and progeny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any orthe Sellers or his contractors employees shall do any work upon the Premises crashers, the Seller shall furnish the Purchaser with a cenificare that such comp rmation and insurance have been provided. Such cenifiates shall specify the date when such compensation and insurance have hen provided- Such cerrifiwm shall specify the date when such compensation and insurance expires. The Seller agrees dot such compensation and insurance shall be maintained unit after the "tire work is completed and accepted. 19. PROTECf10N AGAINST ACCIDENTS AND DAMAGES. The Seller hereby memories the asibe rtsponsibiliry and liability for my and all damage, loss m injury ofany kind at nature whmmever to Persons or property caused by or resulting firm fie mewtion night sv'oh provided fro in this pain a order or in connection herewith. The Seller will indemnify and hold harmless the Puwkaser and my or all of the Purchasers ofirm, agents and employees fmm and against any and all claims, bows, 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 pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents in employees. In crose any suit or ther proceedings shall be brought against he Purchase, or its officers, agents or employees at any time on account or by reason of any rat, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the tame an he Sell. own expense, to pay any and all costs, charges, auomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or oher, lien be placed upon or obtained against fe property of the Purchaser, or said parties in or in a result of such suits or other proceedings, the Seller will at once taut the same to be dissolved and discharged by giving bond or otherwise. The Seller and his con"com shall take all safety precautions, fmoish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard or safety including, but without limitation, fie Ocapatioml Sofro, and Health Act of 1970 and all riles and regulations issued pursumt thereto. Revised (GOO14