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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS - PURCHASE ORDER - 9150052Fort Collins Date: 01107/2015 PURCHASE ORDER Vendor: 125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS LLC 2629 REDWING RD #280 FORT COLLINS CO 80526-2879 PO Number Page 9150052 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: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price « GONSULTING SERVICES PHASE 1 LAKE CANAL SIPHON/BOXE 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 3,600.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERC1ALDETAILS. Tax exemptions. By stance the City of Fan Collins is exempt from state and loved taxes. Our Exempian Number is It. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmlficme of Registry 84,6000587 is mginm, with the Collator of Failure of the Purchun to insist upon wart performance of the means and conditions hereof, failure or delay to Internal Rasenue, Denver, Colorado (Ref. Colorado Revised Stances 1973, Chapter 39-26, 114 (a). carmise any rights or mmdies provided herein or by law, failure to promptly canfy the Seiler in the scent of a breach, the acceptance ofor payment for Scads hereunder or approval of the design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure to reed 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 transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stricm performance hwa.for any of its rights or remedies as many such goods, wgwdI,ss instructions from the City of red Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported one modification or rescission of this purchase order by the Purchaser opeme as a waiver of any of the terms Inspection. GOODS are subject to the City or Fan Collins inspection on radical. hereof. Final Acceptance. Receipt of the, memhamMise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhmized payment ou the pan of the City of Fan Collin. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acid monsieur practice, overcbarSes resulting from minimal ACCEPTANCE is dependent upon completion of all applieable crquicrd inspection proaduns. cadmium arc in fact home by the Purchaser. Therea fors, fat good raum and as consideration for executing this Purchase maker, the Seller hereby atsigm to the Pamhaza any ad all claims it may mow have or hereafter Freight Trans. Shipments most be F.O.B., City of Fan Collins, 700 Wood Sr. Fan Collins, CO 80522, unless acquired under fdeml or state antitrust laws for such overcharges creating to the particular goods or slices Otherwise specified on this order, if permission is given to prepay freight and charge separately, rise original fight purchased or acquired by the Purchaser pursuit at this purchase oNer. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dishonor. Where manufectuers have distributing points in various pans of the country, shipment is I fthe Purchaser direcm the Seller to correct aonconfomting or defective goods by a date to be agreed upon by the expected from the nearest distribution Win to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thdmilmr indicates its inability or unwillingness b comply, the Pmchamr shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay at I costs associated with such work. Permits, Seller shall Finance at sellers sole cost all necessary, permits, certificates and licenses required by all applicable Taus, regulation. on irunro and ales of the state, municipality, territory or political subdivision where the work is performed, or ova ed by any other duly corrnimmed public muthmity having jurisdiction ma the work of vendor. Seller further named to hold the City of Fort Collin harmlrss form and against all habiliy and loss incurred by them by reason of an mssmed or established violation of any such laws, regulations, embrasures, miss and requirements. Auflowitatim. All parties be this contract agree that the representatives on. in fat, bona fide ad poseess full and complete authority tO bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary Or additional terms and conditions anncxrd hereto or incoMomted herein by re[cm.m. Any additional or different name and conditions proposed by seller ore objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complem shipment to active on your promised delivery date as sated. Time is of the sentence, Delivery not performance must h effectd within the time stated on the purchase order not the documents attached hereto. No we of the Parchment including, without limitation, acceptance of partial late deliveries, shot operate as a waiver of this provision. In the event army delay, the Purchased shall have, in addition to other legal and equitable readies, the option of placing tltis oNer elsewhere and holding the Seller liable fur damages. However, the Seller shall cot be liable for damages as a meant, of delays due to causes not reasonably reassemble which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental foundries. Ores, mikes, Goad, epidemics, wars or riots provided that notice of the conditions causing such delay is given a the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal at he time usually last by reason Of the delay. 3. WARRANTY. The Seller warrants that all good, articles, nutcrmis and work covcml by this order will conform with applicable drawings, specifications, samplrs and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and comperence in ocdrvence with occupied saadaNs for work of a imilu nature. The Seller agrees to held the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or h¢n on account of the Sellers breach of warranty. The Seller shill refund, mescaline make good, without cost he the purchases. any defects at faults arising within one (I) year or within such longer period of time m may be preandat d by law or by the terms of any applicable warmnry, providd by rise Seller after the dame of weepceam, ref,hc goad fumishd hereunder (mdpturd not m be uncramnably delayed), resulting firm imperfect or defective work done or mareriah famished by the Sella. Acceptance or eve of gods by the Pumheser shall not constinte a waiver army claim under this waran y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the beach of any ref the foregoing waranties or gaommees, but such liability shall in no even, include loss of profits 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 to legal teams, by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purhhaser may make any changes to the macs, other Nan legal team, including addumes to or delmiom f m the quantities originally onlered in nc specifications or drawings, by secret or Women change Order . If any such change affects the amount due or the lime ofperfomsance hereunder. on equitable djusnnent Shan Ire made. 6. TERMINATIONS. His Purchaser may at any time by written change order, marinate this agreement as m any or all portions of the ,ends then not shipped, snhjec, in 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 profs On the uncompleted protion of the goods andla work, for incidental or cmnsegnential damages and that no such djustment be made in favor of the Seller with respect to any gossda which we the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller army artistic obligations as to any goods delivered heeunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ndjuamment mat be reaend within thirty (30) days from the date the change or termination is ademil. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fiunisted in strict compliance with all applicable laws and regulations W which the goods art subject. The Seller shall execute and deliver such documents as may be required to chat or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoMomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all casts and dumages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this matter, or any monies due or to become due hereunder without the prior written consent Ofthe other any. 10. TITLE. The Seller comments hill, clear and unrestricted tide no the Purchased for all equipment materials, ad it. famished in performance of this agreement free and clear of any ad all lien, restrictions, reservation, security interest encumbrances and claims ofolhers. The Seller shall release the Purchaser and ins contractors of any tier fmm all liability and claims of any nature resulting flown the performance crouch work. This relcs,e shall apply even in the event of fault of negligence of the parry released suit shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including wamnry, shall not be dared m be rducd, in any way, assume such work is performed or caused to M Performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by liner, paten,, trademark or copyright, foe Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patcmed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged m pay by reason ofsuch impingement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constinte impingement and the use of mid equipment or put is enjoined, the Seller shall, at its own expense and at its opton either procure for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but normfirm ing ryuipmenn, or modify a m it becomes aoainbringing. 15. INSOLVENCY. If the Seller shall become insolvent or bemrkmpn, make an assignment for the benefit of creditors, appoint a receiver Or trustee for any of the Sellers proper, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnifters ofterms used or the incapacitation of the agreement and the rights of all parties hereunder shall be, computed under and governed by the laws ofthe Sure of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is m perform work heeuder, including the slices of Sellers Repu mnuticcf,k on the premises afothers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on mid woo at Sellers own risk until the mate is fully completed and accepted, end shall, in case of any accident destruction or injury to the work ardor materials before Sellers final completion and acceplance, complete the work at Sellers on expense and or the mtisGuion of the Purchaser. When materials and equipment are famishd by other for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became 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 pa dro n, of workers mmpensotion, including dcupmional disease benefits, to its employees employed on or in connection with the work oweed by this purchase order, cadror to their dependents in occurrence with the laws of the state in which the work is in be dorm. The Seller shall aim carry mmPrehensive general liability metwho g. but rut limited m, remormard and wo mobile public liability insurance with bodily injury end death limits of at least S300,000 fat any one person, S500,000 for any eonaccident and property damage limit per accident of S400.000. The Seller shall likewise uire him esq tmdors, if my, to provide for such compression and insurance. Before any of the Sellers or his contractors employers shall do any work upon the premises of others, the Seller shall famish the Put cbaer with a cenificam that such compensation and insurance have been provided. Such mulfiwtre shall specify the date when such umpenmtion and insurance have been provided. Such cerificmes shall specify the date when such compensation ad insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility ad liability for any and all damage, loss or injury army kind or ward, what ever to persmu or property caused by m moulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hatless the Purchuer ad eery Or all of the Purchasers oMe., agents and employers from eel against my and all claims, losses, damages, charges or expenses, whether direct or hdirat ad whether we person or property, m which the Purchaser may No put or subject by reamer of any act action, neglect .mission or default on the pan of the Seller, eery of his comracmrs, or any of the Sellers or contractors offered, agents or employees. In case any suit or other proceedings shall be brought against he purchaser, or its offit agents or cmployas at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his comments Or any Of its or their officers, agents or employees as ofiammid, the Seller hereby agrees to assume the defense thereof and to defend the come in the Sellers own expense, m pay any and all costs, mactes, attorneys fees and other expenses, any and all judgments dust 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 cam judgment or other lien be placed upon or obtained against the property infuse Purchaser, or said parties in or ss a result ofsuch suits or other proceedings, the Seller will at once cause the some on be dissolved and distracted by giving bond or otherwise. The Seller and his contractors shall take all mfety precatemO. youth and ivamll all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to mfety including, but without limitation, the Occupational Safety and Hedth Act of 1970 and all rules and regulation issued pursuant th urne. Revised 074014