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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9120646PURCHASE ORDER PO Number Page City of 9120646 102 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/31/2012 Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS Colorado 80525 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/31/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fossil Creek Trail Extension 1 LOT LS 21,570.00 Crossing Spring Creek Fossil Creek Trail extension crossing Spring Creek per work order dated and signed 1/30/2012. Total $21,570.00 9-m� Q, CVW-9k IZ�- City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 ]. COMMERCIAL DETAILS. Tax exemptions. By.staram the City of Fort Collins is exempt from state and local taxes. Our Estuarine. Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered .with the Collector of Failure of the Purchaser to resist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Dcnvcr. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller f Goods Rejected. GOODS REJECTED due to failure to meet 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 returned to you for credit and am not to be replaced except upon receipt of wmtun purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purprened oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City arrant Collins inspection on arrival. bettor. 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 pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust 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 Seller hereby assigns to the Purchaser any and all claims it may nave have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges 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 reacquired 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 manufacturcrs have distributing points in various parts of the country, shipment is If the Purchascr directs the Seller to correct nonconforming or defective good, by a date to he agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchascr and the Seller, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchascr 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 all casts nssocimed with such work. Permits. Seller shall procure 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 perfomM, or required by any other duly constituted public authority having jurisdiction reset the work of vendor. Seller further agrees to hold the City of For Collins harmless from and against all liability and loss incurred by client by reason of an asserted or established violation of any such laws, regulations, oniire nces. ndcs and requirements. Authorization. All panics 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 fin -fir and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different tames 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 ofthe essence. Deliver and performance most be effected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event array delay, the Purchaser shall have, in addition mother 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 eau es not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of God, actc ofeivil or military authorities, governmental priorities, rims, strikes, nerd, epidemics. warsor riots provided that notice ofthe conditions causing .such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof In the event crafty such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dmwinge, 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 fmm any loss, damage or expense which the Purchascr mnv suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crafty applicable warranty provided by the Seller ancr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach crony ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss trust. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms, including additions to or deletions front the quantities originally ordered in the specifications or dmwings, by verbal or .written change under. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the pasties 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 ht made in favor of the Seller with respect to any good which arc the Scllcrs standard stock. No such temtination shall relieve the Purchaser err the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv claim for adjusment must be asserted within thirty (30) days from the date the change or temtination is ordered. 8. COMPLIANCE WITH LAW. The Scllcr wamnts that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seiler shall execute and deliver such decanters as may be required to effect or evidence compliance. All laws and regulations required to be incorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchascr as a result tribe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party 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. HY TITLE. The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment, materials, and items Famished in perfommnce of this agreement, free and clear of any and all liens. restrictions, reservations security interest encumbrances and claims of athcn,. The Seller shall release the Purchaser and its contractors of any tier From all liability and claims of any nature resulting from the performance ofsuch 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 ofsuch party. The Seller's contractual obligations, including warm, my, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchascr from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the concoct, and shall indemnify the Purchascr 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 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 constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either picture for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignmcnt for the benefit of creditors, appoint a receiver or trustee for any of the Sellers; property or business, this order may fannies ith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftemus used runic interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes ofnhe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcrovecntative(s), oa the premises of othcrs. 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 Scllcrs own expense and to the satisfaction of the Purchascr. When materials and equipment an furnished by others; for installation or erection by the Seller, the Seller shall receive, unload, store and handle sane at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Scllcr 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 covered by this purchac order. and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller .shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S300,IX10 forma, one net. n, 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 insurance. Before any ofthe Sellers or his contractors employees shall deany work upon the premises ofohers, the Sellershall famish the Purchascr with a cenificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance havc hecn provided. Such ecnificates shall specify the date when such compensation and insurance expires. The Scllcr 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 any and all damage, dos or injury many kind or nature whmseevet to persons or property caused by or tewdting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold Mrmlesc the Purchascr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchascr one be put or subject by reason of any act, action, neglect omission or default on the pan of the Set lee any of his contractors, or any of the Scllcrs or contactors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time 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 olficcm, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to ,]trend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr 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 ,gains, the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws 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 therein. Revised 03/2010