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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9121437City of art Collins Date: 0310912012 PURCHASE ORDER Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS Colorado 80525 PO Number I Page 9121437 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/09/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 ENGINEERING SERVICES WO #SB-2012-5 OLD TOWN 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 1 LOT LS 12,648.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax enemptiots. By statute the City of Fun Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-0,1502. Federal Excise Tax Exemption Certificate of Registry 54-6000557 is registered with the Collector of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Rd'. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by )mc, failure to promptly notifv the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval ofthc design, shill not release the Scllcr of 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 rder and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfominee hamfor any of its, rights or remedies as to any such goods, regardless instructions fmm the Cityrf Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported rural 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 of Fort Collins inspection carnival. hereof. , Final Acceptance. Receipt of the merchandise, services or equipment in reapon c to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fun Collins. However, it is to he umlersrood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofan applicable required inspection p eadurca. violations are in fact borne by the Purchase, Theretofore, for good cause and as consideration for excenting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcancr Freight Terms. Shipments must be F.O.H., City of Fun Collins, 700 Wood St.. Fun Collins. CO 80522. unless acquired % nder federal or state antitrust laws for such overcharges relating 1. the pnnicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepirdcly, the original freight purchased or acquired by the Purchaser pursuant to this pnrchasc order. bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where man ifactutcrt have distributing points in various pans of the country. shipment is expected From the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall pmeure at sellers .sale cat 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 perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fun Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the teams and conditions stated herein set forth sad nay supplementary or additional terms and conditions annexed hcrcto or incoporated herein by references Any additional or different tams and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase enter and the documents ettachcd hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpMenig this oNer, elsewhcrc and holding the Seller liable for damages, However, the Sellahall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofacgligence. such acts of God, acts of civil or military ntalamities, governmental priorities, fires, strikes. Hood, epidemics. ears or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within rive (5) days ofthe 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 of the delay. 3. WARRANTY. The Seller wamnts that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purpnses intended, and perforated with the highest degree of can and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmlews from tiny loss. damage or expense which fhc Purchaser may suffer or incur on account ofthe Sellers breach ofwamnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the teams ofany applicable wamnty provided by the Seller after the date of acceptance of the good fumishal [remember (acceptance not to be unreasonably delayed), resulting firm jmperfecs or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofnny claim under this wamny. 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 foregning wamntics or guamatecs, but such liability shall in no event include laws ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teams by w,men change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal term, including additions to or deletions from the quantities originally entered in the specifications or drawing„ by rabid or written change order. If any such change ifats the...am due or the time of Performance herrnoder, an equitable adjustmcru 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 n to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated pmfts on the uncompleted portion of the goods and/or wo,k, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such emanation shall relieve the Purchaser or the Seller of any of their obligations as many 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 warrants that all goods sold hereunder shall have ban Inundated. sold, delivered and furnished in strict compliance with all applicable lams and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect at evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Form 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 becone due hereunder without the prior wdtten consent of the other party. I O. TITLE. The Seller wamnts full, clear nad unrestricted title to the Purchaser for.11 equipment, mrtain is and items furnished in performance of this agreement, free and clear of any and all lien, restriction, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller Io correct nonconforming or defective goods by a date to be named 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 cxpeditinus means available to it and the Seller shall pay all costs associated wish such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature m,adting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, officers and employees ofsuch Fifty. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfumed 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 letter. patent, trndeawrk or copyright, the Seller shill indemnify and save harmless the Purchaser Tom any and all claims for infringement by reason of the use of such pirated design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it mac be obliged to pay he reason of such infringement at any time during the prosecution or a0er the completion ofthe work. In case mid equipment. or any part 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 procure for the Purchaser the right to continue using said equipment or pans, replace fire same with substantially equal but reminfringing equipment, or modify it so it becomes anninfringing. 15, INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Tcros used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed undo and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is In penium work hactmdcr. including the sa,fas of Scllcrs Rcprescntitivc(s). on the premises ofnthers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllefs 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 cxpcnsc and to the satisfaction of the Purchaser. When materials and equipment arc Finished by others for installation or erection by the Seller. the Seller shall receive, untond, store and handle same at the site and become mspmsihlc therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall. at his own expense, povide for the payment of w'nrkem compensation. including occupational disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/err to their dependents in accordance with the Imes 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 automobile public liability insurance with bodily injury and deauh limits of at (cast S300.000 for any one person. S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do nny work upon the pcnimcs of others, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have ban pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the disc when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after she entire work is completed and accepted, 19. PROTECTION AGAINST ACCID17NTS AND DAMAGES. The Seller hereby assumes the entire o sponsibilfy and liability for any and all damage. Inns or injury ofany kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser 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 Purchaser may be put or subject by reason of any act, action, neglect. emission or default on the pun of the Seller, any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other procccdings shall be brought against the Purchaser, 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 officers, agents or employees as xforcsaid. the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own cxpcnsc, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against she Purchaser or any of its or their officers, agents or employees in such suits or other procccdings, and in case judgment or other lien be placed upon or obtained against the Property of she Purchnscr, or mid panics in or as a result of such suits or other procccdings. the Scllcr will at race nurse the same to be dissolyoil and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, finish and install ill 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 ndes and regulaions issued pursuant therein. Revised 03/2010