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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9142614Fort Collins PURCHASE ORDER Date: 05/09/2014 Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS CO 80525 PO Number Page 9142614 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Poudre Trail Connection to Lancer Drive Poudre Trail connection to Lancer Drive per work order dated 5/5/2014. 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.00m 1 LOT LS 39,375.00 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 1. COMMERCIAL DEfAI S. Tax exemption. By suture the City of Fort Collin is exempt fiord sane and local uses. Our Exemption Number is I I. NONWAIV ER. 98404502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with me Collar, of Failure of the Purchaser as insist upon strict parformanm of the terms and condition hereof, failure or delay m Internal Revenue, Derwin, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 3936, 114 firT exercise any rights or remedies provided harein or by law, failure to promptly notify the Salter in the event of a branch, the accepanre ofor payment for grads hereunder or approval of the design, shall not release the Seller of Goods Rej«tad GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the damage in council, may be returned to you for credit and are got to be replaced except upon receipt of writing purchmer to insist upon strict performance hereofor any of its rights or remedies us no any such goods, regardless insuraganns from the City of Port Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase coder by the Purchaser operate as a waiver of any of the map Inspection. GOODS we subject to the City of Fort Collin impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, sir Pon or equipment in rese to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of te hCity of Foe Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting nt from ai=, ACCEPTANCE is demadem upon completion ofall applicable required inspection procedures. Purchas. Thetemfore,fogood wuu and as emsidcurion far executing this violaian am in fact bone by thePurchased. purchase order, the Seller hereby axsi,m to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collin, 700 Woad St., Fort Collins, CO 80522, unless acquired under federal or state mtioua laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay fieighl and harge separately, the tor,and freight purchased or natural by the Purchaser punuant to this purchase under. bill must eco mpany cons ct, Addirional charges for puking will art be accepted. Shipment Distance. Where manufacturers 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 are made from greater distance. Patents. Seller shall procure at sellers sole cost all necessary permits, emifcates and licenses required by all applicable laws, regulation, ordinances and roles with. ante, muguiValiry, terimry or political subdivision where the work is performed, or required] by wry other duly constituted public authority havinglarisslictio t over the work of vendor. Seller higher agrees m hold the City of Fog Collins harmless from odd against all liability and loss incurred by them by reason of an anscr ed or established violation crony such laws, regulations, ordinances, roles and requirements. Amumaj cation. All parties to this contract agree that the re donag Lives arc, in fact, bon fide and possess full and complete woo oriry to bind said parties. LIMITATION OF TERMS. This Purchne Order expressly limits acceptance to the tenet and condition stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incaryomted herein by reference. Any additional or different ands and candirions proposal by seller are objected ro and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to adlve en your promised delivery dam as noted. Time is argue esmnce. Delivery and perfrmomm ..in be effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In the event crony delay, the Purchaser shall have, in addition to other fruit and cquimble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, am Seller shall not be liable for damages as a result of delays due to oases at reasonably fomeeable which ace beyond its reamruble control and without its fault of ne,hgmce, such actsofGad, acts ofcivil or military authorities, govemmenml priing , finis, strikes. Rood. epidemics, war, go dots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days argue time when the Seller fin received knowledge thereof. In the event of any such &toy, the date of &livery shall be rxtended for the period tyml m the time actually Inn by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees in hold the purchaser harmless from any loss, damage or expense which the Purchaser may sofT or incur on account of Ne Sellers breach of wadanty. The Seller shall replace, repair or make good, without ens an the purchaser any defects in faults arising within one (1) year or within such longer pined of lime as may be prescnb d by law or by the tern army applicable wananry Provided by the Seller after the date of eccepuntt of the goods fiunishad hereunder (aceerune, gat to be unreawrubly delayed), resulting from imperf t or defective work &ne of curmiak furnished by the Seller. Acceptance or use of good by the ruminator shall mot consimte a Waiver of my claim under this warunry. Except as otherwise provided in this purchase order, the Sella Liability hereunder shall extend m all damages posimaely wood by Nc breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of etc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CI IANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pturrhasto may make any change, to the tears, other than legal am,. including a&ition to or delmions from the yunmifies originally c ndered is the sprafiwtiom or drawings, by verbal or waimn change order. If any such change artects she amounr due or the time of performance hereunder, an equitable adjosmmdrshall be made. &TERMINATIONS. The Parehmer ray ar any time by amid. change adder, terminate this agreement as as any or all podi— of the goad then nor shipped, subject to any equitable adjustment between the arties as to any work in materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted podion of the grits mkor work, for incidental or consequential damages, add Nut no such adjustment he ma& in favor of the Seller with respect to any good which are due Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any arthcir obligations as to any goods delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asseded within thirty (30) days front the date the change or grounding is ordered. S. COMPLIANCE WITH LAW. The Seller warrnm5 that all goad sold hereunder shall have been produced, and, delivered and furnished in strict compliance with all applicable laws oral regulations as which the goad ere subject. The Seller shall execuu and deliver such documents as envy be required to effect or evidence edmpinnce. All laws and regulation required ro be incoryomted in agreemem s of this chamder am herby inam anmred herein by this fifinace. The Seller apmo, to indemnify and hold the Purchaser hmmleas wee all conk and damages suRered by the Purchaser as a result of the Sellers failure at comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereonder without the prior wdrich consent of the other any. 10. TITLE. The Seller warroom full, clear and unrntricud title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my add all lien, restrictions, reservations, security interest encumbrances and claims oregano. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse the work to be performed by the most expeditious means available Ira it, and the Seller shall pay all map associated with inch work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature uniting firm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony aleasN word shall extend to the dirwmrs, officers and employees ofsuch party. The Scllefs contractual obligation, including warranty, start not be decnud an be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, nominal or process covered by letter, parent, trademark or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for infdngemem by renown of the use of such pound design, device, material or process in connection with the contract, and drdl indemnify the Purchaser for any at, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In woe said equipment, or any pan thereof or the intended um of the goods, is in such suit held to constidme infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either prince for the Purchaser the eight m continue using said equipment or parts, replace the same with substantially tying but doainfiidging equipment, or modify it so it adwars noninGnging. 15. INSOLVENCY. If the Seger shall become insolvent or badrkmpt, make an assigmnem for the benefit of credimrs, appoint a receiver or aware for my of the Sellers property or tininess, this order duty forthwith be canceled by the Purchner without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights wall parties hereunder shall be continued under and governed by the laws ofthe Stale of Colomdo, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenudicapnk on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellels own risk until the same is fully completed and accepted, and shell, in ass of coy acci&ot, destruction or injury to the work warm maun'als before Series final completion add accordance, examine the work at SdINs own expense add to the satisfaction of the purchased. When materials and equipment we famished by others for intoUtamn or «action by the Seller, the Seller shall recelve, unload store add handle same at the site add become responsible therefor as though such materials maker equipment were being famished by me Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dmendenu in accordance with the Imes ofthe state in which the work is to be done. The Seller shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability imumnee with boshly injury and death limits of at least 5300,000 for any one person, S500,000 for any one accident and parent, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to provide for such mmperoadon and innrdave. Before any ofthe seders or his contractors employees shall do my work upon the pramises of others, the Seller shall famish the Purchaser with a certificate that such compasatioa and insurance have been provi baL Such mnifimtn shall specify the date when such eompereution and insurance have been provided. Such certificates shall specify the date when such compensation and inestrance expires. The Seller agrees that such compensation and i ountnce shall be mnin aided until after the entire work is completed add ancepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby scsthe entice gn,raasibil ity end liability for any and all damage, loss or injury of any kind or nature whatsoever to persons of property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the provisio ns otTcers, agents and employees from and agmost any and all claimdam s, Irises, ages, in or expenses, whether direct or indirect, and whether to person or propay to which Ne Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pot of the Seller, any of his codtmctors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in my time an account or by reason of my ark action, neglect, omission or default crib, Seller army of has contractors or any of its or their officers, speak, or employees as afinesaid, the Seller hereby agrees an acmme the difiank thereof and to defend the same in the Sellers own cxpande, Iw pay any add all oars, charges, mtomays fees and other expeoses, my mad all judgmen s not may be incurde l by or obtained against the Purchaser or any of its or their rRcers, agents or employees N such suits or other pemcamp, and in case judgment or other lien be placed upon or obtained against the propcny ofthe Functions, or said parties in or as a result ofsuch 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 safety precautions, famish and innll all gourd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without haniution, the Occupational Safety and Halth Act of 1990 and all rules and regulation issunl p gicanuherem. Revised 03/2010