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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9957267City of F6rt Collins Page Number: 1 Date: 12/7/2009 Purchase Order Number: 9957267 Delivery Date: 12/6/2009 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 1 1 LOT 5,498.00 E.Prospect, Poudre Rvr/Summit LPATH/LMOR - Engineering Share LPATH/Poudre River Hydraulic Analysis & Flood Hazard Mapping. Per Work Order #LP-400901100-09. 2 1 LOT 5,498.00 E.Prospect, Poudre Rvr/Summit LPATH/LMOR - Water Share LPATH/Poudre River Hydraulic Analysis & Flood Hazard Mapping. Per Work Order #LP-400901100-09. 3 1 LOT 5,498.00 E.Prospect, Poudre Rvr/Summit LPATH/LMOR - natrl res Share Total $16,494.00 Invoice Address: City of Fort CoKmDirector of Purchasing and Risk Management City of Fort Collins This order is rfQLhalid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fiat state and local taxes. Our Exemption Number 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 30-26. 114 (a). Goods Rejected. GOODS REJECTED due to finilure to meet specifications. either when shipped or clue to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized paymen on the part of the City of Foil Collins. However, it is to be understood that FINAL ACCIEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments must be F.O.R.. City of Iron Collins, 700 Wood St., Fort Collins. CO 80522, unless otherwise specified on this order. Ifpenmission 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. Wluere rnanufactunas have distributing points in carious parts of the country, shipnunt is eslxcted fiom the newest distribution point to destination, and excess freight will be deducted Timor Invoice whenshipnn:nts are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required byaII applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjUnsdiction over the work Of'vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incwTed by the m by reason of an asserted or established violation of any such laws, regulations. ordinances, rules and—lincnneuts. Authorization. All parties to this contract agree that the representatives at e. in fact, bona tide and possess fill :aid complete authority to bind said patties. LIMITATION OFTERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementaty or additional terns and conditions annexed heeto or incogxnated herein by reference. Any additional or different terns and conditions proposed 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 must be effected within the tinhc stated on the purchase order and the documents attached hereto. No nets of the Purchasers including, without Iintitat ion, acceptance of partial late deliveries, shall operate as a waiver oft his provision. I n the event of any delay, 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, epidennics. wits of riots 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 thereof fit the event of any such delay, the date ofdelivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Sella watTants that all goods. articles, materials and work covered by this order will confinnm with applicable drawings, specifications. samples and/or other dese iptions given, will be tit fix the purposes intended. and pe phoned with the highest degree of are and competence in accordance with accepted studs ds tux work ofa similar nature. Pile Seller agrees to hold the purchaser harmless from any loss, dannage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects m faults wising within one (I) year or Within such longer period of tonne as ncry lac prescribed by law or by the terms of any applicable watimay provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective Work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute ❑ waiver of any 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 warmnlies or guarantees, but 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 snake any changes to the tents, other than legal terns, including additions to or deletions frontthe quantities originally ordered in the specifications or drawings, by verbal or written change order. If try such change affects the amount due or the time of performance hereunder. sum equitable adjust car shall be made. 6. TERMINATIONS. The Purchaser nnay at anytime by written change order, terminate this agrecnhent as to any or all ponions oflhc goods then not shipped, subject to any equitable adjustment between the ponies as to any work or iatenals then in progress provided that time Purchaser shall not be liable for any clairns to, anticipated profits on the unconnpleted pinion of the goods and/or work, for incidental or consequential damages, and that ito such adjustment Ix made in f lvor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall rrlievc the Purchaser tar the Seller of any of their obligations as to any goods delivered hereuncler. 7. CLAIMS FOR ADJUSTMENT_ Any claim for adjustment must be asserted within thirty (30) days from the date the change or tenninaion 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 :it subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are her incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fi'onn all costs and damages suffered by the Purchaser as a result of the Sellers failure to connply With such law. If and only to the extent this [Agreement] constitutes n "sole source govenvncar conun r" Within the reaming of Article XX V I11 of the Colorado Constitution ("Article XX V I I I"). then the provisions of Section 15 of Article XXVI11 are hereby incorporated into this [Agreement]. In such n case. if the [Contractor[ or any other person who is "contract holder" as defined in Section 2(4.5) ofAnicle XX V II I intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source guyenuncnl contract. or public employment with the state of Colorado orally of its political subdivisions. for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any nmonies clue or to become due Inaeuncier without the prior written consent of the other party. 10. TITLE. 'I Ile Seller hvarants fill, clear and unrestricted title to the Purchaser for all equipment. materials. and items fitmished in performance of this agreement. flee and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Par'ChaSCr' to insist upon strict performance of the Terns and conditions hereof, failure or delay co exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance of or payment lit goods hereunder or approval of the design, shall not release the Seller of any of the wannnties or obligations ofthis purchase order and shall not be deemed ;t waiver of any right of the purchaser to insist upon strict 1-fornn: - hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or nccepled. as to any prior or subsequent default hereunder, not shall any purported oral modification art rescission of this purchase order by due Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT' 01' AN'FITRUS'1" CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations arc in fact borne by the Purchaser. Theretofxe, far good cause and as consideration fir executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws fix such overcharges relating to the par icular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the PUrCInsCr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perliraned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tier front all liability and claims ofany nature resulting front the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations. including waranty. shall not be deemed to be reduced, in anyway, because such work is performed or caused to Ix performed by the Purchaser. 14, PATENTS. Whenever the Selle is required to use any design, device, material or process covered by letter. patent, trademark or copyright. the Seller shall indemnity and save harmless the Purchaser fi om any;nnd all clainns for infiingennent byreson of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser tit any cost, expense or damage which it may be obliged to pay by reason ofsuch in tingentent at anytime (luring the proseeulion or after the completion of the work. In case said equipment, or any part theeofor the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the Seller shalt. at its own expense and at its option, either procure for the Purchase' the right to continue using said equipment or pars• replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. Ifthe Seller shall become insolvent or bankrupt. make an msignnteait for the benefit ofcreditors, appoint ❑ teceive or trustee tit any of due Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. lo. GOVERNING LAW. The definitions of ternns used or the interpretation of the agreement and the rights of all parties hereunder strait be construed under and govenmed by the laws of the 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 kepresentative(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITI'. I"he Seller shall carn•an said work at Seller's own risk until the same is fitly completed mad accepted. and shalt. incase of any accident. destruction or injury to the work and/or raterads before Seller's final completion and acceptance, omplete the work at Seller's own expense and to the satisfaction ofthe I'urchaser. \\)hen materials and equipment arc furnished by others fix 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 furnished bythe Seller under the order. 18. 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 cove ed 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 connprehensive general liability including, but not limited to• contractual and automobile public liability insurancewith bodily injury and death limits of at least $300,000 for any one person, $500,000 for anyone accident and property dannage limit per accident of..S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors enmployees shall do any work upon the premises ofothes, the Seller shall famish the Purchaser with a certificate that such connpensation and insurance have been provided. Such certificates shall specify the date When such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for ally and all damage, loss or injury of any kind or nure whatsoever to persons or propety caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and anyor all of time Purchasers officers, agents and employees from and against any and all claints, losses. damages, charges or expenses, whether direct or indirect, and whether to pesons or property to which the Purchaser maybe put or subject by reason ofany act, action, neglect, omission m default on the pan of the Scller, any ofhis contractors, or any ofthe Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees to ❑ssunne the defense thereof and to defend the same at the Seller own expense, to pay any and ell costs. charnes. attorneys fees and other expenses. any and all judgments that maybe incun eciby or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judginent or other lien be placed upon or obtained against the property of the Purchase. or saidpaties in or as a result of such suits or other proceedings. the Seller will at once cause the sonic to bedissolved and discharged bygiving bond or othere•ise.'I'he Seller and his contractors Stull take all safety precautions, furnish and install all guards necessaryfor 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 1070 and all rules and regulations issued pursuant thereto. Revised 04/1001)