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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9142396PO PURCHASE ORDER 914239er Page City, of 9142396 lofz F6r} Collins This number must appear ,�—,J`-, ` ` 1 , on all invoices, packing sli s and labels. Date: 04/30/2014 Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS CO 80525 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/30/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION SERVICES WO # ACE-RIGDEN-2014-1 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 1 LOT LS 207,767.00 Total $207,767.00 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 1. COMMERCIAL DETAILS. Tax exemption, By statute the City of Fog Call iru is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intend Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39.26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due ao defect; of damage in transit may be reamed to you for credit and are not to be replaced except upon receipt of woven instructions from the City of Fog Collins. Inspection. GOODS me subjano the City of Fog Collins inspection on arrival. Final Acceptance. Raeipt of the merahandix, services or equipment In response to this order can result In aothorieed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspation procedures. Freight Terns. Shipment must be F.O.B., City of Fog Colima, IN Woof St, Fon Collins, CO 80522, unless otherwise specified an this mdef. If permission is given m prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Furnace. Where manufacturers have distributing points in various pans of the country, shipment is expetled from Me i:cznt distribution Form to doxtiation, and excess freight will be deduered fmm Invoice when shipment are made fmm greater elegance. Panama. Seller shall procure at sellers sole cost all rosemary permits, certificates and licenses acquired by all applicable laws, regulasom, milmances and roles of the ante, municipoity, territory or political subdivision wheat Me work is performed, va required by any other duly investigated public authority having jurisdiction over the work of vendor Seller MMef agmes to hold the City of ran Collins harmless from and against all liability ard lass vrnred by them by reaon affair asserted or established violation of any such Wws. regulations ordinances, rates and rryirement- Authorization. All ingOi to Nis contrast agree that Me rcpresearatives are, in fact, farm fide and possess full and complete authority m bird said paNw. LIMITATION OF TERMS, This Punches, Order expressly limit acceptance to the rams end conditions stated herein set forth and any supplements, or additional rams and onalitlons annexed bracer or incorporated herein by reference. Any additional or difirentterms mad toMon. proposed by seller are objeered to and hereby janed. 2_DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amfv, on your promised delivery date as rated. Time is of the assence. Delivery and performance most be ef&cted within the time stated an the purchase order and the document atnchad hero. No cols of the Purehascre including, without limitation, acceptance of partial late deliveries, shall operate m e waiver of this provision. In the evem ofany delay, the Purchaser shall have, in addition to other legal aM equitable rernedies, the option of placing this order ehewham 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 arc beyond it reasonable coming and without it fault of negligence, such over of Gad, act of civil or military authorities, governmental priorities, fires, strikes. Goad, epidemics, wars or not provided that route of the ca ditdn, taming such decor is given an the Purchase, within five (5) days of Me time when the Seller fast received knowledge thereof. In Me event of any such delay, the date of delivery shall be extended for the period equal to Me time strongly lost by reason of me delay. 3. WARRANTY. The Seller xamant that all goods, asides, matenals mad work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed with Me highest degree of cart and mmperence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaer hznnless from any loss, damage ar expense which the Purchaser may sNler or incur on account of the Sellers breach of wvnanry. The Seller shall replace, repair or make good, without cast m the purchaur, any defect or fault arising within one (I) year or within such longs period of time as maybe prescribed by law or blithe teams ofany applicable warranty pmvided by the Seller after the dam of acceptance of the goods fbanlshed hereunder (mceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Seller. Acceptance Or use of goods by the Purchaser shall or constitute a waiver of my 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 wanntic, or guarantees, but such liability shall in no event include loss of Ferns or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Professor may make changes In legal mans by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the name, other than legal terms, including millions m or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. I'sny so<M1 change affect the amount due or the time of performance hereunder, an equitable adjusmenl shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the goods then Or shipped, subjauo any equitable adjustment between the panies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profs oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve Me Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation, to which the goods au subject. The Seller shall execute and deliver such document m may be required to elect or evidence compliance. All laws and regulations acquired to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless from all cost and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Norbert party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without Me pdor writes consent of Me adze, par. 10. TITLE. The Seller warrants full, clear and unnoic rid bile to the Purchaser for all equipment, materials, and items fiunished m performance of this agreement. fin and clear of any and all diem, resmicriom, nervations, security intent rncumbrmces and claims of others. I L NON WAIVER. Failure of the Purchaser to insist upon inner performance of Me terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, Me aaeplance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of die warranties or obligations of this purchase order and shall not be dared a waiver of any right of the purchaser m insist upon turner perfomance hereof or any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as m any Our or sabuqumr default herewder, nor shall any puryorted am) modification or rescission of this purchase order by Me Pmchmer operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize than in azfual economic erect m overcharges resulting from amiewt violations art in fact home by the Puchaer. Theremfine, for good cause aM as c moodemtim for executing this purchase order, M< Seller hereby assign m the Purchaser any aM all claims it may now have or harmer acquired under Erhard or stare antitrust laws for such overcharges relating in Me particular goods or services purchased or acquired by the Purchaser pursuant m this pumhme order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser Mount the Seller to cannot nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mabiliry or unwillingness in comply, the Purchaser may cause Me work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall relavice the Purchaser anal its contractors of any our from all liability and claims of any anrore retaking from Me performance of such work. This releae shall apply even in Me event of fault of negligence of Me Isar, released and shall extend to the directors, offiicees and employers of such parry. The Sellers coatractal obligations, including wa samr, shall not be deemed to be reduced, in my way, because such work Is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, maarrial or process covered by leneq patent, trademark or copyright, the Seller shall indemnify, and save hafmltss the Purchaser fmm any and all claims for infringertrcnn by reason of the use of such parented design, device, material or prows in ronnation with Me contact and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such inGangemem or stay time during elm prosecution an afm the anmplerim of the work. In eau said equipment or any part Megof or the intended me of the goods, is in such .it held to oomtimm infingemmt aM the use or said equipment or pan is enjoined, the Seller shall, at it own expeamu and at as option, either proems, for the Pumhascr the night to continue using mid equipment or pan, replan the same with substantially equal but mainMnging equipment, or modify it m it becomes nmirdfigmng. 15, INSOLVENCY. If the Seller shall became insolvent or l a g rapt make an assignment for Me benefit of creditors, appoint a receiver of trustee for my of the Sellers proper err business, this order may forthwith be canceled by the Purchsser without liability. 16. GOVERNING LAW. The definition of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Stem ofColamds, USA. The following Additional Conditions apply only in cases where the Seller u to perform warx hereunder, including the services of Sellers Re,co ettive(s), on the promises oformars. 17. SELLERS RESPONSIBILITY. The Seller shall car on said work at Sellers own risk until Me same is fully completd and accepted, and shall, in u of my accident, destruction or injury to the work and/or materials before Sellers final temptation and ecepumer, complete the work at Sellers own expense and to the satisfaction of the Purchoo, When matenals and equipment are famished by others for installation or erection by Me Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials sugar equipment were being famished by the Seller under Me order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disc: se benefit, to its employees employed on or in connection with the work covered by this purchase under, cougar to their dependent in accordance with the laws of the state in which the work is to be done. the Seller shall also car comprehensive general liability including, but not limited to, conmcNal and automobile public liability min unce with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one mcidem and property damage limit per accident of $400,000. The Seller shall likewise require his ontmcmrs, if any, to provide for such compeaution and imumme. Before my of the Sellers or his commerors employees shall do any work upon the premises of others, the Seller shall Wmkh the Purchaser with a certifiers, that such compensation and insurance have been provided. Such cegificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specifythe date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until error the entire work is canplened and accepted. 19. PROI'FICTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wlutoever to persam or proper caused by or resulting from the execution ofthe work provided for in this purchase order or in comaection herewith The Seller will indemnify and hold harmless the Purchaer and any r all of the Purals urs officers, agents and employees fmm 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, omission or default on the part of Me Seller, any of his contractors, at any of Me Sellers or contractors officers, agent or employees. In cax my suit or other proceedings shall be brought against the Purchaser, or it officers, agent or employees at my time on account or by reason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of is or their officers, agent or employees m aforesaid, Me Seller hereby agrees m assume Me defense thereof and to defend the same at the Sellers own expense, to pay my and all cost, darges, agomeys fees and other expenses, any and all judgment that maybe iacurrl by car arbniaed agates Me Purchaser or any of it or these officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against Me proper offs, Purchmeq or said parties in or as a result of such suit or other proceedings, the Seller will at once came Me same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precmfiones but and imull all guards necessary for me prevention of accident, comply with all laws and regulations, with regard to safety including, but without limitation, the Om,sudi al Safety and Health Act of 1970 and all mks and regulations issued pursuant thero. Revised 03420W