HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9142396 (2)Fort Collins
Date: 05/02/2014
PURCHASE ORDER
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO 80525
PO Number Page
9142396 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 CO 80521
Delivery Date: 05/02/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 CONSTRUCTION SERVICES
Rigden Reservoir -Natural Areas
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 EA
22,854.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Temis and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from sme and local coxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of
Imams] Revenue, Drmcg Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 Ed.
Goods Rejected. GOODS RFTECTED due to failure to meet specifications, either what shipped or due la defects of
damage in mnsit, may be, Trimmed to yea fro credit and are not to bet placed exept upon receipt of wtinet
interactions actions from the City effort Collins.
Inspxtion. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance, Receipt of the mmchandiw, services or equipment in rapome to this order can null in
mthorved payment oa the pan of the City of Fiat Collins. However, it is to b< understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable ralutml inspection proeedun.
Freight Temps. Shipments must be EO.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless
othewise specified on this order. If permission is given to prep y freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have disWbuting points in various pans of the country, shipment is
expected fiom the nearest disuibunen pier m desuni ies, and excess freight will be deducted fear. Invoice when
shipments am made from greater dismnce.
Patnits. Seller shall procure at sellers sole cost all ncocssary Famous, artiRami and licenses moment by all
applicable laws, regulations, ordinances and roles of the since, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendar. Seller further agrees to hoed th City of Fort Collins homeless from and against all liability oad lass
carted by them by ream. of an asserted or e,cmh,hM Guiana. of any such laws, regulations, ordinances, rules
and requirements.
Authoriaztion. All prom to this contact agree Bat the repmommtivm are, in fact, bow fide and possess full and
complete authority to bind said prrin.
LIMITATION OF TERMS, This Purchase Oder expressly limits acceptance to the terms and conditions sister
herein set forth and any supplementary or additional most and conditions mnexed hereto or incoryommd hrrein by
Tolerance. Any additional or different terms 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 of the essence. Delivery, err performance must be effected within the once
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, accptana ofprtial late deliveries, shall clause as a waiver offs is provision. In the event of any delay,
the Purrchaur shut] have, in addition to other legal and immothle remedies, the option of placing 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 causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such aces of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Good, epidemics, wars or
riots provided That notice of the conditiem cousin, such delay is given to the Purchaser within five (5) days of the
time when The Seller fimt received knowledge therm[ In the event of any such delay, the daze of delivery shall be
extended game pined equal To the Time actually lost by reaoa ofilm delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drnwioy, specifications, samples anther other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar rtahire. The Seller agrees to hold the purchaser harmless farm any loss, damage or expense which the
Purchaser may suBer or incur on account of the Sellers breach of warranty. The Seller shall replace, repo m make
good, without cast to the purchaser, any defect, or faults arising within one (1) year an within such longer period of
time as may be, prescribed by law a by the terms of any applicable warranty provided by the Seller otter the dam of
acceptance of the goods madishrd hereunder (acceptance not to be unregmnably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchuser shall not
nstimte a waiver of any claim under this warranty. Except in 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 warranties
or gmarantees, bra such liability shall in no event include loss of profits 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 rams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temp, other than legal tense, including additions to or deletions from
the qua tifi- originally ordered in the specifications or drawings, by verbal or written change order. If any such
change offer. the amount due or The time of p shore ram hereunder. an equitable adjuntmeart shall be made.
6. TERMINATIONS.
The purchaser may at any time by written change ruler, terminate this agreement - To any or all portions of the
goad then not shipped, subject to any auiable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profit, on the uncompleted
portion of the goods and/or work, for incidental or cormsryuentir damages and that no such adjustmenl be made in
favor of the Seller with respect to my good which are the Sellers standard stock. No such lamination shall relirec
The Purchaser or the Seller of any off on, obliytions - to any good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most ha worded within thiM (30) days from the &to the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fmished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents w may be required to effect or evidence compliance. All laws and regulations ravied to br
incorporated in agreements of this character are hereby incoTpomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hmmless from all costs and damages miff red by the Purchaser as a nult of the
Sellers failure To comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this other, or any monies due or to become due hereunder without the
PH., within consent of the ofer, party.
10. TITLE.
The Seller warrants full, clear and unicameral title to the Parchom a for all ryuipmml, materials, and! items fumuhrd
in afformince of this ageement, free and clear of any and all lie-, resbie ired. nervations, security interest
crumb redrew and claims of others.
II.NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder a approval of the design, shall not release the Seller of
any of the warranties or obligations of this pmhax oiler and shall at be deemed a waiver of any tight of the
Incidence or insist upon short Performance herd for any of its tights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subscquatt default hereunder, nor shut] any purymted
am] modification or rescission of this purchase order by the Purchaser operate as a women of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise Out in actual economic practice, wecharges Terri ing from antitrust
violations arc in fact home by the Purchaser. Theremfne. for good muse and as consideration for exeating this
pfchaw order, the Seller hereby aasig- to the Purchaser, any and At claims it may now have or hereafter
acquired order federal or state antitrust laws for such overcharges mining in the particular goads of services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by The
Purchaser and the Seller, and Bar Sella thereafter indicates its mobility or unwillingness to comply, the Pu¢hamr
may cause the work to be, performed by the most expeditious means available to it, and the Setter shall pay all
now mmointed with such work.
The Seller shall release the Purchaser and its contractors of any tier Gam all Nobility and claims of soy natter
resulting from the performance of such 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 employes ofsuch party.
The Sellers contractual obligations, including wamanry, shall not h deemed to be, reduced, in any way, because
such work is performed or caused to be per armed by the Purchaser.
14, PATENTS.
Whenever the Seller is required m use any design, device, material or process covered by letter, patent, trademark
copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, end
shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by Teases of such
infringement at any time during the prearcution or after the completion of the work. In rase said rquipment, or
any pan thereof or the intended eve of the good, i5 in such suit held to constitute infrnge orm and The sex of
said aloipment or pet is enjoined, the Seller shall, at its own expense and at its almost, either procure for the
Purchaser the right to continue using said aluipment or parts, replace the same with substantially equal but
noninfu mparg equipment, or modify it so it becomes nounfringing.
15. INSOLVENCY.
If the Seller shell Income involved or hardmpq make an assignment for the benefit of creditors, appoint a
receiver or truste efor any of BarSellers property or business, this orddu
ty ay fM owha arterial arterial by the
ch Puraser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be
marred under and governed by the lows of the State ofColurado, USA.
The following Additional Cons itimer apply only in cases where the Seller is to perform work hereunder,
including the services, of Sellers Rprtunsaffee(s), an the premises ofothers.
El. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellocs own risk until the same is fully completed and Treat and shall,
in u of any accident, destruction or injury to The work maker materials before Seller's final completion and
acceptance, complete The work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and alinement are burnished by others for installation or erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become respmible therefor To though such materials maker equipmem
were being fum{shed by the Seller under the order.
II. MSURANCE.
The Seller shall, at his own expense, provide for the pymatt of workers computation, including «cuptiawl
discuss benefits, to its employes employed on or in connection with the work covered by This purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also curry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and dam limits at an last 53aa,Net for any one Person, $500,00(1 for any
me accident and property, damage limit per accident of 5400,000. The Seller shall likewise ratire his
communist. if any, to provide for such compensation and ins ours— Bet any of the Sellers - his commcms,
employees shall do my work upon the premises of others, the Seller shall furnish the Pochzwr with a cmifafe
that such compensation and inexamence have been provided. Such c ntificates shall specify The dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller 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 memories the entire renpomibiliry and liability for my and all damage, loss or injury of any kind
r nature whatsoever to Famous or property caused by or resulting firm the execution ofthe work provided for To
This perch-c order or in correction herewith. The Seller will indemmify and hold hairless die Purchaser and any
or all of the Foreigners officers, agents and employees from and against any and all claims, losses, damages,
charges or rxpases, whether direct or indirect, and whether to persons or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, emission or default on the part of the Seller, any of his
<mtmemrs, or any of The Sellers or contractors officers, agents or employees. In case any suit or other
Proceedings shall be brought against the Pumhuer, a its oRecrs, agents or cmploy¢e at my time on account or
by rmwn of any act, .,am, rteglon, omission or default of the Seller of any of his cunuarmrs or my of it, or
Their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thamof and to
defend the same at The Sellers own expense, to pay my and all costs, charges, a0omeys 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,
agents or employees in such suits of 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 as a result of such suits or other proceedings,
the Seller will at once cause the some to Is, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall sake all safety precautions, famish and install all guards neerssary for the prevention of
arcidents, comply with all laws and implatios with regard to safety including, but without limitation, the
Com,miotal Safety end Health Act of 1970 aM all roles and regulations award pursumt dommu.
Revised 03R010