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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 8855936City of F6rt Collins Page Number: 1 Date: 12/17/2009 Purchase Order Number: 8855936 Delivery Date: 10/1/2008 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note Line Qty/Units Description Extended Price 2 1 LOT 17,816.75 C.O. #1 3 1 LOT C.O. #1 i Design Irrigation feed line Benson Reservoir Dam Observe City of Fort Collmyl Director of Purchasing and Risk Management This order is OQValid over $5000 unless signed by James B. O'Neill II, CPPO 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 2,258.00 Total $20,074.75 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Nuntter is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped art due to defects of damage in transit, may be returned to you fur credit and are not to be replaced except upon receipt of written instructions fi,om the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on aurivad. Final Acceptance. Receipt ofthe merchandise, services m equipment in response to this order can result in authorized payment on the pail ofthe City of Foil Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Foil Collins, 700 Wood St., Fort Collins. CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pars ofthe county. shipment is expected fionn the nearest distribution point to destination, and excess Height will be deducted front Invoice when shipments are mnde from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless fi-om and against all liability and loss inclined by Them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona tide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tennis and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different tents and conditions proposed by seller at e 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 ofthe essence. Delivery and performance must be effected within the tittle stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpatial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay, the Purchaser shall have, in addition to other legal and equitable remedies, 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 result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities. fires, strikes. flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event ofanysuch delay, the date ofdeliveryshall be extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and pet finned with the highest degree of care and competence in accordance with accepted standards for work of n similar nature The Seller agrees to hold the purchaser harmless fronn any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wananty. The Seller shall replace, repair or stake good, without cost to the purchaser, any defects or faults arising within one (1) year m within such longer period of time as maybe prescribed by Inv or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting font imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute it waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all dannages proximately caused by the breach of any ofthe foregoing warranties or guarantees, bill such liability shall in no event 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to m deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions ofthe goods 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 that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Pill chisel or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fimn the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to Ie incorporated in agreements of this character are hereby incorporated herein by this reference. 'file Seller agrees to indemnify and hold the Purchaser harmless front all costs and dannages suffered by the Purchaser as a result ofthe Sellers failure to comply with such lame. If and only to the extent this ]Agreement] constitutes a "sole source government contract" within the meaning of Article XXVII I of the Colomdo Constitution ("Ail icle XXV III"). then the provisions ol'Section 15 ofAnicle XXVIII are hereby incorporated into this [Agreement]. In such a case. if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 or Section I7(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source gover nnent contract. or public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, nansfer, m convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. IM1114A The Seller warrants full, clear and unrestricted title to the Purchaser for nil equipment, materials, atnd items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and clains of others. I I. NONWAIVER. Failure of the Purchaser to insist upon strict perfonance ofthe terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or bylaw, ihilure to promptly notify the Seller in the event ofa breach, the acceptance of or payment tier goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict perfiunnance hereof or aqv of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior m subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser opernte as a waiver of anv of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations ar'e in fact horse by the Purchaser. Theretofore, fur 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 m hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Iurchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable to it. and the Seller shall pay all costs associated with such will The Seller shall release the Purchaser and its contractors of any tier from all liability and clains of any nature resulting ,from the perf'onnance of such work. This release shall apply even in the event of fault ofnegligence ofthe pity released and shall extend to the directors, officers :and ennployees of such party. The Seller's contractual obligations, including winanty, shall not be deemed to be reduced, in any way, because such work is pei fior nned or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, nnaterial or process covered by letter, patent. trademark m copyright, the Seller shall indemnify and save harmless the Purchaser front any and all clains for infiingement by reason ofthe use ofsuch patented design, device. material or process in connection with the contract, and shall indemnifythe Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infi'ingennent at any time during the I> osecution or after the completion ofthe work. In case said equipment, or any pat thereofor the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but non -infringing equipment, onnodify it so i[ becomes nun-iuf awing. 15. INSOLVENCY. If due Seller shall become insolvent or bankrupt, make nn assignnnent for the benefit ofereditors, appoint a receiver or trustee fix any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser Without liatbilily. 16. GOVERNING LAW. The definitions of tents used or [lie interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Seller's own risk until the sane is fully completed and accepted, and shall, in case of anv accident, destruction air injury to the work and/or materials bet2nre Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are finished by others f tr installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishedbythe Seller under the order. 18. INSURANCE The Seller shall. at his own expense. provide for the payment of workers connpensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automnobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any to provide fill -such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cerlificaes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be nnaintained until after the entire work is comnpleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by m resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indennify and hold hannless the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and all clains, losses, damages, charges m expenses. whether direct or indirect. ;uul whether to petsons mproperty to which the Purchaser maybe put or subject by reason ofally act, action, neglect. omission or defaolt on the pat of the Seller, any ofhis contractors. or anyofthe Sellers or contactors officers, agents or ennployees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or ennployees at anytime on account or by reason of any act, action, neglect. omission or default of the Seller of any 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 same at the Sellers own expense, to pay any and all costs. charges. allorneys fees and other expenses, arny arnd alljudg rents that maybe 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 other lien be placed upon or obtained against the property of the Purchaser, or said patties in or as a result ofsmch suits or other proceedings, the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of ;accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0412009