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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS - PURCHASE ORDER - 9150051PURCHASE ORDER PO Number Page C1171 of PURCHASE 9150051 + of 2 t( o ins This number must appear ` v ` ' t on all invoices, packing sli s and labels. Date: 01107/2015 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: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSULTING SERVICES PHASE 1 PROSPECT RD BRIDGE RPL 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 fi�SeS[i1�9 3,900.00 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 I. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Comfcme of Registry 84-6000587 is registered with the Collecmr of Failure of me Purchaser to insist upon strict performantt of the terms and conditions hereof, failum or delay to Normal Revenue, Denver, Columbia (Ref. Colorado Revised Suttees 1973, Chapter 39-26, 114 (a). exeaise any rights or remdier provided herein or by law, failure to promptly notify me Seller in the event of a breach, rare acceptance ofor payment for goods hereunder or approval of the design, shall not release me Seller of Goods 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 bar deemed a waiver of any right of the damage in transit, may be resumed ro you for credit and we not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance harmfor any of its rights or remedies as many such goads, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as an any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase oNer by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ere subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the hee chavdise, services or equipment in respective to this order on result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amM1omed payment oa Ne pas of Ne Cary of Fort Collins. However, it u to be understand that FINAL Seller and the Purchsser magenta that in actual aciessurnic practice, overcharges resulting from aatiuust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theremfine, fro good canoe and as consideration for executing Nis purchase coder, do Seller hereby assigns to the Purchaser any and all claims it may row have or hereafter Freight Ten ce. Shipments most b, TOM,, City affirm Collins, too Wood SL, Fort Collins, CO 80522, unless acquired under federal or mute antitrust laws for such overcharges relating to the Particular goods or services otherwise specified on this oNer. If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursmnt 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 various pans of me country, shipment is Bra, Purchaser dirrmts the Seller to correct nonconforming or defective goods by a data to be ugreN upoa by the expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability of unwillingness to comply, the Purchaser shipments are made from greater distance. may cause me work to be performed by the most expeditious means available to it, and the Seiler shill pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permita, cenifreten and licenxs requited by all applicable laws, regulation, ordinances and rules of the state, municipality, territory or political subdivision where me work is performed, or required by any offer duly constimted public authority having jurisdiction over me work of vendor. Seller mMer agrees to hold me City of Fan Collins harmless from and against all liability and loss incurred by them by remain of an assend or established violation of my such laws, Mainf ame, indication, roles anclangmremews. Authodzmim, All parties to this contract agree that me representatives are, in fact. bona fide and possess full and cumlete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stated herein set forth and any supplementary or additionnl terms and conditions annexed hereto or incorporated herein by reference. Any additional or diBFrent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to once on your promised delivery date as rote& Time is of Ne essence. Delivery and perfomance must be efectd within tiro time stated on Ne purchase order ad Ne dosimeters attached hereto. No acts of me Purchasers including, without limitation, acceptance of pared late deliveries, shall operate is a waiver of this provision. In me event ofmy delay, the Purchaser shall have, in addition to other legal and excitable remdies, the option of placing this order elsewhere and holding the Seller liable for damages. However, Ne Seller shall not be liable for damages as a nesull of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice 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 me evens of any such delay, the date of delivery shall be extended for dw pen& tyml m the time morally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, material and work overact by this order will conform with applicable drawings, specifications, sam,Io andrar other descriptions given, will be N far the purposes intended had performed with the biggest degree of core and competence in mcoNmee with accepted mountains for work of a similar wturs. The Seller agrees to hold $e purchaser harmless from any loss, damage or expense which the Purchaser may inflator incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to rate purchaser, any defects of failis mining within one (1) year or within such longer period of time as may d prescribed by law or by the terns of any applicable warmnry, provided by me Seller after the date of acceptance of the goods burnished hereunder (acceptance not to ha unreasonably delayed), resulting from imperfect or defective work done or materials famished by me Seller. Acceptance or use of goods by me Purchaser shall not ansfore, a war%at ofany claim under this wamanry. 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 wanaatio or gtomntrss, but such liability shall in no event include loss ofpmms or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS, The Purchaser may make changes so legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other from legal terms, including additions to or deletions from the w amilies originally ordered in the specifications or drawings, by venial or wrinen change order. If any such change affects the amount due or the time of pert rrar ce hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Producer may at any time by women change order, terminate this agreement as to any or all portions of me goods men new shipped, subject to any noontide adjustment between the parties as to any work or materials then in progress provided mat me Purchaser troll not be liable for any claims for anticipated porous an me uncompleted portion of ate goods andor work, for inciderral or come,suwial damages, are mat we such adjustment be made in favor of me Seller with respect to any goods which sec the Sellers standard stock. No such ,.a.on shall mlieve ,he Purchaser M me Seller ofmy ofNeir obligations as no any goods delivered hcmurder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be normal within thisy (30) days from the date the change or termination is robot 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in maim compliance with all applicable laws and regulate® to which the goods we subject. The Seller shall execute and deliver such documents as may he required to effect m evidence compliance. All Laws and regulations required to be incorporated m agreements of this character are hereby incorporated herein by dris ordinate. The Seller agrees to indemnify and hold %e Purchaser barmlecs from all costs and damages sufered by me Purchaser as it result of she Sellers failure to comply with such Imw. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this oNer, or my mnnio due or to become due hartunator without the prior worth consent offs, other party. 10. TITLE. The Seller warrants full, clear and unreadcred title to me Purchaser for all equipment, materials, and items fumishal in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of offers. The Seller shall release the Pumbsser and is contractors of any net farm all liability and claims of may nature resulting from rate performance ofsuch work. This release shall apply even in the event of fault of negligence of Lie party releasd and shall extend to the direwom, ofa,rs and canduyces ofsuch party. The Sellers contractual obligations, including wano-ly, shall not be demand to b, reduced, is any way, because such work is performed or caused to be performed by the Purcown. 14. PATENTS. Whenever the Seller is rtquirml to use my design, device, material or process covered by letter, parent, trademark r copyright, me Seller shall indemnify and save harmles the Purchases farm any and all claims for infringement by reason of me use of such panned design, device, material or process in connection with me cartoon, sand shall indemnify thr Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement in any time during the pmserntiov or after the completion of the wefts. In case mid cquipmenn, or any pan Cheat or the intended use of the goad, is in such suit held to mvstime infringement and etc use of said aquipmmt or pm is enjoined, me Seller shall, at its own operse and ae its option, either presence far the Purchaser the right 1. continue in, said equipment or pans, MI., de same with substantially egml bur no urafn'naing equipment, or modify it so it biomes rwninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a Pumhzor trustee for my of the Sellers property or business, this order may forthwith be canceled by the ser without liability. 16. GOVERNING LAW. The deftnmom of team usd or the interpretation ofthe agreement and me rights ofall parties hereunder shall be carsbud under mud govern d by the laws of the Same of Colorado, USA. The following Additional Conditions apply only in a where tar, Seller is to pert work hereunder, including Ne services of Sellers Represeuotive(s), on me premises of orders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchase, When mnreriak and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, urdoad stare ao handle same at the site ao become nespomible therefor so though such nutenals amVor aquipmmt were being famished by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for fire payment of workers compensation, including Monstional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or m their dependents in accordance with the laws of the stare in which me work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, commensal and automobile public liability insurance with Nobly injury and death limits of at lost $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise rwuire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of when, the Seller shall furnish the Purchaser with a centurions that such compensation and insurance have been provided Such cenifc sto shill specify the date when such compensation and aromatic tic have been provided. Such certificates shall ant me date when such compensation good insurance expires. The Seller agrees that such compensation mad insurance shall b, maintained until after the rneire work is completed adi sccepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ansionfiresme cargo nowwro sliry ao Liabilityfor any and all damage, loss or injury of any kind nature whanwever to persons at property caused by or resulting from me execution ofine 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 Purchmers officers, spirits and employees from and against my 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 mccet by brown of any at, action, neglect, omission or default an me pan 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 agaiml me Purchaser, M its offers, agents or employms as any, time oa mcmad or by reason of any act, action, nailed, omission or default of the Seller of my of bis combustion or any of its or men officers, agents or employees as aforesaid dre Seller hereby agrees to assume me defense thereof and to defend me same at the Sellers own expense, to pay my sun all costs, charges, attorneys f anal other expenses, any and all judgments that may be incurred by or obtained against fire purchaser or any of its or thew offers, agents or employees in such suits or other pr«edings, and in eau judgment or other her be placed upon or obtained against the property of rise Purchaser, or said parries in in as a result ofsuch suits or other proceedings, me Seller will in once cause the same to be dissolved and discharged by giving boad or otherwise. The Seller and his contractors shall take all safety privations, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety Ncloing, but without limitation, Lie Occupational Safety and Health Act of 1970 end all miss and regulations issued pursumuhercto. Revised 07l20l4