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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERINGS INC - PURCHASE ORDER - 9103708Date: 7/16/2010 Fort Collins Page Number: 1 Purchase Order Number: 9103708 Delivery Date: 7/16/2010 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1LOT Poudre Trail Adjustment at Lemay Ave. Poudre Trail adjustment at Lemay Avenue per work order dated 3/17110 and signed 3/20/10. Total �ity yr rorr a riy uirector or rurcnasmg ana KISK management This order is alid 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 17.184.00 $17,184.00 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 Number is 98 U502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revved Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. MODS REJECTED duc to failure to men spccificarkne, either when shipped ceduet. defers of damage in tarok, may be resumed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. hspcction. GOODS we subject to the City of Fort Collins inspection on arrival Final Acceptance,Reeipofthe Merchandise, services or equipment in response to this order can result in autbm ant payment on the part of the City of Fort Collins, However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable retired Inspection procedures. Freight Term. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless otherwise specified on this order. Ifpemnssion u given to prepay6eight andcharge separately, the original freightbill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Wheremanufclurershavedistbutingpointsinvariouspartscflhecountry,shif uexpected from the nearest dirt bution point to destination, and excess freight will M deducted from Invoice when shipments we made Rom State, distance. Perris. Seller shall procure at sellers sole cost all monsary moral, certificates and licenses required by a0 applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed or required by any other duly terminated public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harNess from and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in Fact, bona fide and possess full and complete authority to hind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term andcoeditimsmaedheein act forth and any supplementary or additional teens and conditions annexed hereto or incorporated herein by rehouse Any additional or different 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 arrive on your primed delivery daze as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial laze deliveries, shaloperate as a waiver ofthu Provisionm beeves cfanydeny,the Purchaser shall have, in addition to other legal andequitable remedies, the option ofplacing 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 whichare beyond its reasonable control and without its fruit ofnegfigna e, suchacts of Gad, acts of civil or military authorities, governmental priontim, fires, strikes, Flood, cpiderttics, wars or riots ided provthat notice of the conditions musing such May is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof In the event ofany 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 Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andmr other descriptions given, will be fit for the purposes intended, and performed with the highest degree of one and competence in accordance with accepted standards for work o f a similar nature. The Seller agrous to hold the purchaser hamdess from my loss, damage or expense which the Purchaser may suffer or incur n account of the Sellers breach of warranty, The Seller shall replace, repair or make good, without cost to the function cc, my defects or faults arising within one (1) year or within such longer period oftime m troy beprearmed by law or by the terms of my applicable warranty pmvidad by the Seller after the date of ancep race of the goods furnished hereunder (ameptance not to be unreasonably delayed), resulting from imperfect or defective work done or matenas famished by the Seller. Acceptance or use of ends by the Purchaser shall not constitute a waiver of my 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 breath ofany of the foregoing warranties or guarantees, but such liability steal m 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 toms by written change bide. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may take my changes to the terms, other than legal terns, including additions to or deletions Romthe quantities originally ordered in the specifications or drawings, by verbs or written change order. Many such change afters the amount due or the time of performance hermndm, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser my anytime by written change order, terminate this agreement as to my or all portions ofthe goods than not shipped, subject to my equitable adjustment between the parties m to my work or materials then in pro us provided that the Purchaser shall not be liable for my clams for anticipated profits on the uncompleted portion ofbe goods andlor work, for Incidental or consequential damages, and Oat no such adjustment be made an favor ofthe Seller with respect to any goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any clam for adjustment most be assured within thirty (30) days from the date the change or termination is ordered. 8, COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and burnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shag execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations requred to be incorporated in agrcemee ofthu cheractm are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase harmless from all coats and damages suffered by the Purchaser as a result of the Sellers fit— rib conply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the Poor written consent ofthe other party. 10. TITLE. The Seiler wameats full, clear end arrestrided title to the Pamhaser for all equipment. Memo s, arW item modified in Performance of this agreexmt fee and clear of my and all liens, restnttims, reservations, security interest encumbrances and claim cf others. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure m delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event on, 'em ft, the acceptance mor payment for goods hereunder or approval ofthe design, shall nor release the Seller ofany ofthe warranties or obligations ofthis purchase order and shall not be deemed a waiver ofany right ofthe purchaser to fern upon atnet performance hereof or arty of its rights or remedies as to any such goods, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any putported oral modification or rescission of this purchase order by the Purchaser operate w a waiver ofany of the term hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogn¢e that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for oil cause and as consideration fin rextram, this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have m hereafter acquired under fderm or into antitrust laws for such overcharges remting to the particular goods or services purchased or acquired by the Purchase pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nommmfomdng or defective goods by a date to be agreed upon by the Purchaser andthe Seller, antithe Selkstberemarmilitmes its imbilit,mmosihinguess to comply, the Pumhesermay reuse the work to the performed by the most expeditious means available to it, and the Seller shall pay all toss associated with such work. The Seller shall release the Purchaser and its contractors ofray, tier from all liability and claims ofany nature resulting fiom the performance ofsuch work. This teleran shall apply even in the even of fault of negligence of the parry released and shall extend the directors, officers and employees of such patty. The Sellcls contractual obligations, including warranty, shall not be deemed to be reduced, in arty way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by know, patent, trademark or copyright, the Seller shall indemnify and save hardens the Purchaser from my and all claims forini ingernnt onsion ofthe use ofsuch p named design, device, material or process in connection with the contract, and shall Indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by import ofsuch infringement at any time during the Prosecution or after the completion ofthe work. In Gaze said equipment, or any part thereof or the intended use ofthe goods, is in such suit held to contti ute infringement and the use ofsad equipment or part is joined, the Seller shag at is own expense and in its option, either procure for the Purchaser the right to continue using said equipment orparts, replete 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 ma gnmew for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith Ire canceled by the Purchase without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panes hereandm shall b, constmed under and governed by the laws of the State of Cclomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the semca of SeH. Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and race and and shark w eau of my accident, destruction or injury to the work and it materials before Sellers final completion and acceptance, complete the work a Seller's own expense and to the manometric ofthe Purchases When materials and equipment are finished by others for installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become no,onsble therefor OR though such maerials andmor equipment were ping famished by be Seller ander the order. IS. INSURANCE. The Seller shall. OR his own expense, provide for the payment of.rkc. compensation mduding cor p bona disease benefits, to its employees employed on or in connection with the work covered by this puchase order, andror to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits Of at least $300,000 for my one person, $500,000 for any out accident and property damage Bast pet accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall db my work upon the premdses of others, the Seller shall famish the Purchaser with a cerificate that such compensation and fortune have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificaes 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 more responsibility and liability for my and all damage, lass or injury ofany kind or nature whatsoever to Wo nis or property caused by or resulting fiom the execution ofthe work provided for in this Purchase end. or in ouan.thm herewith. The Seller will indemnify and hold harmless the Purchase and my or all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or indirect mdwhetherto per ms or amportyno which the Purchaser maybe put or solute by reason ofany act, action, neglect, omission or default on the part ofthe Seller, my ofhis contractors, me yofthe Sellers or contractors officers, agents or cnmloyees. In case my suitor other proceedings shift be brought flown the Purchaser orIU offcas, ages or employem at anytime ern account orby reason ofany rot, action, neglect omjmm or default of the Seller of my ofhis contractors 01 my offs or then officers, agents or employees m aforesaid the Seller hereby agrees to assume the defense thereofand to defend the same at the Sellers own expense, to pay my and all toss, charges, attomeys has andother expenses, my andaljudgments that maybe incurred by mobtairedagahat the Purchaser or any of its or ohdr officers, agents or employees in such suits or other proceedings, and in case judgment mother lien be placedupon or oblanedagainst the property ofthe Purchaser, orsaid parties morm arcsuh ofsuch suits or other procadngs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, furnish and install all guands necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Softy and Health Act of 1970 and all mlm and regulations issued pursuant thereto. Revived 032010