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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9112461City of art Collins PURCHASE ORDER PO Number Page 9112461 1 of This number must appear on all invoices, packing slips and labels. Date: 04/29/2011 Vendor: 143797 Ship To: STREETS DEPARTMENT ANDERSON CONSULTING ENGINEERS INC CITY OF FORT COLLINS 375 E HORSETOOTH RD BLDG #5 625 NINTH STREET FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80524 Delivery Date: 04/29/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price PER QUOTE 4-25-11 1 LOT LS 5,380.00 FLOODPLAIN PERMITTING FOR COLLEGE AVENUE REPAVING Total $5,380.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the memos and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (o), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the warm li ies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be rcmmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance bromfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shill nay purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the scrams Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting front irldrist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order. the Scllcr hereby assigns to the Pnrchascr any and all claims it may now, have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Woad St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such osrerchargcs relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant 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 distrbuting points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming of defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice When Purchaser and the Scllcr, and the Seller thereafter indicates its inability or nmvillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most cspcditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall Feature at sellers sole cost all necessary permits, certificates and licenses required by all 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 having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sellerare 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 time stated on the purchase order and the documents attached hcrcto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event Offaly delay, the Purchaser shall have, in addition to other legal and equitable 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 which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities governmental priorities, fires, strikes. food epidemics, wars or 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. In the event of any such delay, the date of delivery shall 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 fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lossdamage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace repair or make good, without cost to the purchasee, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the semis of any applicable wamnty provided by the Seller afer the date of acceptance of the goods furnished hercnnder (acceptance not to be unreasonably delayed), resulting from inmperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany 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 warranties or guarantees, but such liability shall in no event include loss of pmfits 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 temms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than Icgal ter ss, including additions to or deletions from the gnantities originally ordemd in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance hemonder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by Written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmg css provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no loch adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mornmalion shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wanenh 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 discontents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by Ibis reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages 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 order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, sociality interest encumbrances and claims of others. The Seller shall Mlcme the Purchaser and its contractors of any tier From all liability and claims of any nature reselling from 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 ofs ch party. The Seller's contractual obligations, inehuhng war-mm. shall not be deemed to be induced, in any way, because such work is Performed or caused to be perfomted by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, preen, trademark or copyright the Seller shall indenmify and save harmless the Purchaser from any and all claims for in0ingcmcnt by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pnrchascr for any cost, expense or damage Which it may be obliged to pay by reason of such infringement at any time during the prosecution or nRcr the completion of the Work. In case said equipment. or any part thereof or the intended use of the goods, is in such snit held to eonstitnte infringement and life use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Pnrchascr the right to continue using said equipment or parts, replace the same with sub,t nf.11y equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft of creditors, appoint a mccierr ar trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The dcfimrions affronts used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the Imrs ofthc State of Calnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofScllers Repmsentalvc(s), on the premises Ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. Wben materials and equipment are furnished by other% for installation or erection by the Seller. the Seller shall receive. unload, store and handle scone at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workcm compensation, including oacupationnl disease benefits, to its employees employed on or in connection With the work covered he this purchase order. and/or to ricer dependents in accnrdanee with the laws of the slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, bra not limited to, contractual and autonmobile public liability im,oanee with bodily injury and death limits of at Ieast S300.000 for any one person, S500.000 for any one accident and property damage limit per accident of S400,000. The Seller ,shall likewise require his contractors, if any, to provide for such compensation and imumnce. Before any of the Sellers or his contractors entployces 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 in ante have been provided. Such certificates shall specify the dale wm hen such copensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until aher the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunms the entire responsibility, and liability for any and all damage. loss or injury ofany kind Or nature whatsncvcr to persons or property caused by or resulting from the execution ofthc Work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and env or all of the Purchasers officers, agents and employees from and against any and all ckino, losses damages, charges or expenses, whether direct or indirect and whether to persons or property In which the Paid hascr nary be put or surbjcel by reason of any act, action, neglect, omission or default on the parr Of life Seller, any of his contractors. or any of the Scllcrs 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 many linte ram 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, attorneys fees and other cxpcnses, any and all judgments that 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 case jodgmcat or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such Suits or other proceedings, the Seller will at once cause the same to be disselvcd and discharged by giving bond or olhersvisc. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations ssith regard to safety including, but wilhmn limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant Iherclo. Rniscd 03/2010