HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9122299City of
�,.Fort Collins
Date: 04/23/2012
PURCHASE ORDER
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS Colorado 80525
PO Number Page
9122299 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 04/23/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Poudre River Hydraulic
Feasibility Study
Hydraulic feasibility study for the Poudre River
project from Linden Street to Hickory Bridge per
work order dated 3/19/12 and scope of work and
prepared budget dated 3/6/12.
9u^-� Q. 0'/U�-9k,4-F—
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:purcha"sing@fcgov.com
1 LOT LS
Total
Invoice Address:
18,896.00
$1
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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAI VER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 94.6000587 is registered with the Collector of Failure of the Purchaser to insist open strict per(nrnance ofthe toms and conditions hereof. failure or delay to
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1473. Chapter 39 26. 114 (a). exercise any rights or monalics provided Immin 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 of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to fsilurc to meta specification,, either when .shipped or due in defects of any of the wamntics or obligations of this purchase order and shall not be deemed i waiver of any right Of the
damage in transit may be returned to you for credit and arc net to be replaced except upon receipt of written purchaser to insist upon strict peromicncc hereof or any of its rights or remedies as to any such Sands, rcgnrdless
instruction,, from the City of Fort COI I ins. of when shipped, received or accepted is to any prior or subsequent default hereunder, nor shall any purported
son I mrdifu taco or rese is,ion of this purchase order by the Purchaser operate as a wa i, cr of any Of the tans
Inspection. GOODS arc subject to the City of To" Collins inspection no arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AN"EITRUSTCLAIMS.
aphorized payment on the part of the City of Fen Collins Howcvcr, it is to he andvestund that FINAL Seller and the Purchm.. mcognien that in actual economic practice, overcharges resulting from antitrust
ACCEP"fANCE is dependent open completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order. the Seller botchy assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B.. City of Fen Collins, 7W Word St_ Fort Collins. CO 90522. unless acquirvit under federal or .state antitool Imes for such overcharges relating to the particular goods or services
othcrvisc specified on this order. If paisioo is given to prepay freight and charge separately. the original freight purchased ormcquimi by the Pnrchascr 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 When manufactnrca have distributing points in various pans Of the country, shipment is If the Purchnscr, irccl.s the Seller to correct nonconforming or defective goods by a date to he agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Pumhascr and the Scllcr, mil the Scllcr tutus lcr indicates its inability or unwillingness to comply, ram Purchaser
shipments arc made front greater diztance. may cutee the work to be performed by the most espeditinos means available to it and the Scllcr shall pay all
costs associated with such work.
Pernits. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all
applicable laws, regulations, ordinances and rules ofthe state, municipality. territory or political s thdivision where
the work is perfnmted, Or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fen Collins humlcss (tom and against all liability and loss
intoned by them by reason of ran escr ctl or established violation of any such laws regulations, onlinanecs, odes
and requirements.
Authorizmion. All panics to this contact agree that the representatives are. in fact. bona ride 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 tents and conditions annexed hereto or inc rpon ed herein by
reference Any additional or different terns and conditions proposed by seller are objected to and hereby reicctal.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe ec enee. Delivery and performance must he effected within the time
stated on the purchase order and the documents aH.ohcd hereto. No acts of the Purchasers including, without
limitation, acceptance afp."i.,l late deliveries, shall operate as a waiver ofthis prevision. In the event of wry delay,
the Purchaser shall have in addition to other legal and equitable remedies, the option of placing this oulcr clsavherc
and holding the Seller liable for damages. Howcvcr, the Seller shall not be liable for damages as a result of delays
due to causes out reasonably fore ccable which arc beyond its reasonable control and without its fault ofnegligence.
such act, of Grd, acts ofeivil or military authorities, governmental prinrities. Ens, 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.
}.WARRANTY.
The Seller want that all goods, articles. materials and work covered by this order will conform with applicable
dewing,, specifications samples and/or other descriptions given, will he fit for the purposes intended. and
perfomted with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature The Seller agrees to hold the purchaser hamilcss from any loss, damage or expense which the
Purchaser nay suffer or incur on account of the Sellers breach of warn my. The Scllcr shall rephice, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer perind of
time as may he prescribed by law or by the terms ofany applicable warm, nor pervaded by the Seller tuner the date of
acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim ender this eammy. Except as otherwise provided in this purchase order, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wamntics
or guarantees, but such Iiihility Shull in no event include lea, ofpmfits 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 tans by written change Order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents. other than legal tents, including iddif ions to or deletions from
the guonoic, originally Ordered in the specifications or drawings, by verbal to vwrumn chnngc order. If tiny such
chance affeels the amount due or the time ofperformaocc hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may it any time by written change order, terminate this agreement as to any or all portions of the
goods then Or shipped, subject to any equitable adjustment bdwcen the panics as to any work or nuiterods then in
pmgtc s 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 etch adjustment he madc in
favor of the Seller with respect lorry good which are the Sellers standard stack. No such temountion shall eclicve
the Purchaser Or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days (tom the date the change or termintuion is
ordered.
S. COMPLIANCE \4'ITII LAW,
The Seller warrants that all goods sold hereunder shall have been pmluccd. sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may he required to effect or evidence compliance. All laws and mg lotions required In be
incorporated in agmements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to
indemnify and hold the Purchaser hamtless firm all costs and damages saffcred by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Ncitha 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.
10. TITLE.
The Seller wants full. clear and unrestricted title to the Purchaser (or all equipment materiels. and items punished
in pafommnce of this agreement, free and clear of any and all liens, restrictions, rcsenretions, security intc rst
encumbrances and claims of others.
The Seller shall release the Pnrchascr and its contractors of tiny tier from all liability and claims of any nature
resulting from the perfomancc ofsaeh work.
This release shall apply even in the event of built of negligence of the parry rcicnscd and shall extend to the
diecctom. officers and cnhployccs of such party.
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 perfumed by the Pnrchascr.
14. PA'I FN"I"S.
Whenever the Seller is required to use a ny design, device, materiel Or process cOvcrcd by letter, patent trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason Of the use of such patented design, de-ice, material or proeecs in connection with the contract, and
shall indemnify the Purchaser for any cost. expense or damaSc which it may be obliged to pay by reason of such
infringement at any time during the persecution or after the completion of the work. In ease said equipment or
any part therenf or the intended use of the goods, is in such suit held to consulate 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 the same with substantially equal but
noninfringing equipment. or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall bveomc insolvent Or banknpt make an alignment for the lu nerit of creditors, appoint a
receiver or tmstee for any of the Sellers property or business. this coder mq fortuvith be canceled by the
Pnrchascr without liability.
Is. GOVERNING LAW.
The definitions of tcmis used Or the interpretation ofthe agreement and the rights ofell panics hereunder shall be
construct] under and Smerncd by the laws Of the State of COIOmdn. USA.
The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder.
including the services of Scllcrs Rcpmsentalive(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shall,
in case of any accident, dtsstmction or injury to the work and/or materials before sences Final completion and
acceptance, complete the work at Scller's torn expense and to the satisfaction ofthe Purchaser. When materials
and equipment are funnislu d by others for installation or nation by the Seller. the Seller shall rceeive, unload.
store and handle same at the site and become responsible thciefor 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, provide for the payment of workers compensation, including occupational
disease benefits. to its cmpinyccs employed On or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller
shall also carry camp chcmivc general liability including but not limited to. contractual and automobile public
lability invirance
with bodily injury and death limits of m Icnst $JOQs
000 for any one person. S500.000 for any
one accident and pmpcny damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation sad insmmnce. Bchve any Of the Scllcrs Or his con( mctnrs
employees shall do nny work upon the prcmiees of others, the Scllcr shall famish the Purehaserwith a scnifmate
that such compensation and insurance have been provided. Such certificates shall specify the data when such
compensation and insurance have been pmvidcd. Such ecnifieatcs 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 conrplded and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hcmbv re umes the entire responsibility and liability for any and all damage lessor injuryofany kind
.,..,torn whatsoever to pcnsons Or pmpcny caused by Or resulting from the execution ofthe work pmvidcd for in
this purchase order or in connection herewip. The Seller will indemnify and hold homeless the Purchaser and any
or all of the Purchasers officers, agents and employees berm and against any and ill claims losses. damages
charges or expenses. whether direct or indirect and whdhcr to persons or property to which the Purchaser may
be pm or subject by reason of any act, action, neglect, omission or default on the part of the 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 al any time on account or
by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or
their omecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the sane 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 Purchaser or any of its Or their officers.
.gents or employees in such suits or other proceedings, and in case judgment Or other lien be placed open or
obtained against the pmpcny ofthe Purchaser. or said parties in Or as a result of such .ants or other pmeeedings.
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller 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 Ilcalth Act of 1970 and all odes and regulations issued pursuant thereto.
Rcviscd 0312010