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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9141807Fort Collins Date: 03/31 /2014 PURCHASE ORDER Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS CO 80525 PO Number Page 9141807 loft This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/28/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended• Ordered Price 1 WEST VINE BASIN OUTFALL WO # ACE-WV4 ADDITIONAL DESIGN 1 LOT LS 7084 Consulting Engineers for W, WW & Stormwater for Facilities 'il P14 Yir City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 41,909.20 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 86522-0580 �IIQAiF:RS�7t TRL�LL[1[;f.TRa Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from store and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Catifeme of Registry 84.6000587 ta registered with the Collector of Failure of the Puradmar to insist upon sold performance of the terms add conditions hereof, failure or delay to Internal Revenue, Denver, Coloado (Ref. Colorado Revised Sumter 1973, Chapter 39-26.114 (a). exeaise any rights or remedies provided herein m by law, failure W promptly aotify the Seller in the event of a breach the acceptance of or payment far goods hereunder or approval of the design, shall not relcme the Seller of Goods Rejated, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the avanantles or obligations of this purchase order and shall not be dared a waiver of my right of He damage in transit, may he relumed to you for credit and are not to be replaced except upon receipt of wdnen purchaser W insist upon strict performance hereofer any of its rights m remedies as W any such goods, regardless instrmlions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puTored oral modification or rescission of this purchau order by me Purchaser operate as a waiver of any of the terms Irradiation. GOODS are subject to the City of Fort Collins inspection on arivaL hereof. Final Acceptance. Receipt of the me¢handise, services or equipment in ou,sorae to this all ce rtsulr in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recoped, that in armed economic practice, overcharges resulting from antitrust ACCEPTANCE a depended upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchases. ThereWfore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tim¢. Shipments most he F.O.B., City of Fun 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 mherwix spaified oa Nis older. If permission is given to prepay freight add charge "no ely, the original freight purchased or acquired by the Paradisiac pursuant to this pmrchase order. bill mast ...may invoice Additioml charger for making will not Ix accepted. Shipment Distance. Where manufacturers have distributing points in us Ends of the country, shipment is expected from the named distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shill procure .l sellers sole con all necessary parmits, ttrti icates aced licenses required by all applicable laws, regulabons, ordinances and toles of fe sort municipality, hands, m political subdivision where fie work is performed, m required by my other duly constituted public authority having jurisdiction over fe work of vendor. Seller further agrees to hold me City of Fort Collins harmless from and ageirer all liability and loss anantied by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ad. regdoemem, Authorization. All parties to his commit agree that the rtpresenmtives are, in fact bow file and pcawas full and omplete authority to howl said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance W the Want and condiome, seated herein set fonh and any supplementary or additional lens and conditions annexed hereto or incou sonad herein by reference. Any additional or different teals and conditions proposM by seller are objected W and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment W arrive on your promised delivery data as rented. Time is of the essence. Delivery and Performance most he eRttaed within me time stated on the purchase miler mad the documents attached hereto. No acts of the purchasers including, without limitation, acceptance of sartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pu¢haser shall have in addition to the, legal and ariuble remedies, the option of placing this order elsewhere and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays due to causes net reasonably fmesceable which art beyond its reasonable control and without its fault of negligence, such ears afGod, acts of civil or military amhorilier, gavemmrnul primiitiM fez 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 flag time when the Sella East received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the prod equal to the time annually lost by reason oftle, delay. 3. WARRANTY. The Seller wartaats that all good, articles, materials and work covered by this order will confirm with applicable drawings, specifications, sampler, and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of core and competence in accordance with accepted strndds for work of a molar rtamce. The Seller agrees to held d, pardlesser harmless from any loss, damage ar expanse which the Purchaser may gatherer incur oa account of me Sellers bread f.V. The Seller shall replace, Marc, make good, without cost to the purchaser, 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 tents of any applicable warranty provided by the Seller after the data of acceptance of the goads famished harm der (acceptance or be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or rase of goad by the Particular shall nor crostimW a waiver of my claim under this warranty. Except az otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately armed by the branch of any of the foregoing warranties or gmvamees, but such liability shall in no event include loss of profs 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terns, other than legal tams, including additions to or deletions from the quationes originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change aBccts the amount due or the time ofperfomunce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, temtimm this agreement as to very or all portion of me goads den not shipped, subject to any equitable i djustmml bed. the panics as W any work or materials turn in progress provided that me Purchaser shall not he liable for any claims for anticipated profts on me uncompleted portion of the goods major work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve in, Purchasers the Seller of day of their obligations as to any goads delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim fir Mjnstment moat ba acuand within thirty (30) days from fe data de change or mrmimdon is cleared. 8. COMPLIANCE WITH LAW. The Seller warmms that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which me good are subject. The Seller shall execute and deliver such documents az my he requited W effect or evideae compliance. All laws and regulations nyuinad to be ncxrpomted in spangled; of this container ere hereby incorporated herein by this reference. The Seller agrees to indemnify add hold fie Purcheser harmless Imo all cosh aced damaged suffered by the Purchaser as a fault of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall minor, greater, or convey this order, or any monies due or to become due Remainder without me prior women coming of the other party. 10. TITLE. The Sella wonants fall. clear and unrestricted life to fie Purchaser for all cgtripmrnl, matew6, and in. f dished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of c m ds. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purhbaser directs the Seller W correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and me Seller, and the Seller thereafter indicates its inability an unwillingness to comply, the Purchaser may cause the work W be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any mtum resulting Earn the performance of such work. This release shall apply even in the event of fault of negligence of the party relessed and shall extend to the directors. Aficar and employees.[such party. The Sella, convamat obligm mass, including wardely, shall rent be dared to be reduced in any way, because such work is performed or caused to b, perfomud by the PurcM1ua. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patmr, trademark copYrigf, 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, device, material or process in connection with the contract, and shall indemnify the Purchaser for any con, expense or damage which it maybe obliged to pay by reamer ofsuch infngement at my time during the prosecution or after me completion of the work. In case said aryipmmq or any pan mane f or me intended use of the goods, is in such suit held to mmtime infringement and the ass, of said equipment or pan is enjoined, the Seller shall, at its own expanse and at its option, either practice for the Purchaser the right to continue using said equipment cr pans, replaee the same with substantially equal but nonitibinging equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent car bankruN, make an assignment fir me benefit of an dicers, tropism a receiver or trustee for far any of the Sellers property or business, Nu order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftems used or the interymation ofthe agreement and the rights of all ponies hereunder shall he consaued under and governed by the laws of the Sum ofColomda, USA. The following Additional Conditions apply only in cues where the Sella is to perform work bereadda, including the services of Sellers Reprdardem r(s), on me promises.fothers. 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 use of any accident destruction or injury to Ute work danger materials before Seller's final completion awl acceptance, complete me work at Seller's own expanse and to the smisfaaion of the Paradigm. When materials and equipment are fmished by others for installation or erection by me Seller, the Seller shall receive, mixed stare and Media same al the site and become resporsible therefor as though such materials angor equipment were being famished by the Seller Eder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational diseoe beacfts, to its employees employed on or in connection with me work covered by this purchau order, and/or to their dependents in amrdance with the laws of the sole in which the work is to I>e done. The Seller shall also wary, comprehensive general liability including, but not limited to, contractual and mosembile public liability insumnce with bodily injury and death limits of at lead S300,Wo for any one parsed, $500,030 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if tiny, to provide for such compensation and insurance. Defore my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fiunish the Purchaser with a certificate Wet such compensation and inntmave have been provided Such certificates shall specify the date when such compensation gad instuance have been provided. Such certificates; shall specify the date when such compensation and courana expires. The Seller agrees dust such rempaaatim end insumnce shall be maintained wtil after fe 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, loss or man, of any kind or mount whomever in Persons or property, caused by or resulting from me necution ofine work provided (m in this purchau order a in comes ion herewif. The Seller will iddemnify and held hmmlera the Purchaser awl my r all of the Purchasers officers, officers, agents awl employees from and against any and all clothes, [t raded, damages, charges or expenses. whether direct or indirect, and whether to pnaons or property to which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, .gents or employees. In case any suit or other proceedings shall he brought against fie Purchasr, or its officers, agents or employers at any time on account or by reason of my act action, neglect omission or default of fie Seller of my of his contractors or any of its or farm officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and W defend me same at me Sellers own expense, to pay my add all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or ax a result ofinch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all artery, precautions, famish and insall all guard naessary for me protection of accidents, comply with all laws and regulations with regard to safety includng• but without limiwion, the Occupational Safety and Health Act of 1970 and all mles and regularities issued pursuant thereto. Revised 03ROlo