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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9143259PO PURCHASE ORDER 914325er Page City of PURCHASE 43259 1 of 2 ' `tCollins( This number must appear ` v " on all invoices, packing sli s and labels. Date: 06/10/2014 Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS CO 80525 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 06/10/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 E. Prospect Bridge Rplcmt. WO #06-254902110.14 7084 Consulting Engineers for W, WW & Stormwater Facilities Capital Improvements Projects. Project being designed in conjunction with Utilities Boxelder 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 174,440.00 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 Fon Collins is exempt fmm state and local taxes. Our Exemption Number is 98AN502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered wi h the Collmmr of Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Statutrs 1973, Chapter 39-26, 114 (a). Goad Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be control to yw for credit and are rut to be replaced except upon receipt of wonder instructions fmm the City of rod Collier. Inspection. GOODS are subject as the City nfFon Collins inspection on am ost. Final Acceptance. Receipt of the merchandise, servica, or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipman, must be FOR,, City of Fort Collins, 700 Wood Sr, Fen Collins. CO 80522, unless .hersviau specified on this Order. Upermission is given to preppy freight and charge separately, the original fight bill must accamnunv invoice. Additional candies for parking will not be herented. Shipment Distance. Where manufacturers have distributing points in vac us pans of the country, shipment is expected Form the nearest distribution point to destination, and excess freight will be dNucted from Invoice when shipments am made from greater, distance. permits. Seller shall procure at sellers sole cast all neceswry permits, certificates and lice.rs required by all applicable laws, regulations, orduances and roles afhe state, municipality, territory or Political subdivision where the work is performed, or cohmsed by any other duly constituted public authority havingjurisdichon over the work of vendor. Seller fuller agrees in hold the City of Fon Collins harmless from end against all liability all loss incurred by them by cevwn of an asserted or established violation of any such laws, regulati ion, ordivnces, rules and cquiremenrs. Authorization. All ponies to this convect agree that the representatives are, in fact, Now fide and possess full and complete authority N bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to she to. and cocoa.. stated herein set forth and my supplementary or addicau t mons, and conditions annexed hereto or incorporated herein by reference. Any additional or di H reed menu and conditions proposed by seller arc objected to and hereby rejated. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT imme lcact, if you cannot make complete shipment to arrive on your promised delivery data as acted. Time is of the esseae. Delivery and portanu,som ..it be, e0'ceded within the time stated tin the purcame, order and the documents attached heram. No acts of the Purchasers including, without function, acceptance of psnial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have in addition to other legal and ¢,.,,able remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, she Seller slall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyand its reasonable control and without its fault of negligence, such acts of Gwk acts ofcivil or military authorities, governmental primities, fires, strikes, flood, epidemics, was ar nors 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 she event of any such delay, the dote of delivery shall be cam idM for the period equal to the time actually lost by reason.fthe delay. 3. WARRANTY. The Seller wawnts that all good, articles, madenab and work covered by this color will conform wild applicable drawings, specifications, samples dome other descriptions given, will be fit for the purposes intended, add Performed with slue highest degree of core and compensate in accordance with ttapted standards for wool- of a similar ramrt. The Seller agrees to hold the purchaser harmless fmm any loss, damage or exports, which she Purchad r may suffer or invariant account of der Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the purchaser, any def ss or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provision by the Seller after she date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfecr or defetive work done or materials famished by rate Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any 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 wawmies or guamntres, but such liability shall in no eve. include loss of profits or loss of use. NO IMPLIED WARRANTY OR MF:RCI]AN 'I ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by svrinen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any cbmges to the terms, other than legal mans , including additions to or deletions from the quantities originally ordered in the Vaeificamons or drawings, by seabed or written change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Par never may at any time by women charge order, mamiredc this agreement as to any or all portions Of the goods then Out shipped, subject a any equitable adjustment betoom. the ponies to 1. any work or materials den in progress provided that the Purchaser shag nut In, liable for any elzimns for anticipated profits on she uncompleted ,anion of the goods sadow work, far incidental or cansequendial damages, oho Wn no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers samLrd stock. No such nomination shall relieve the purchaser or the Seller of any of their obligations as to any good delivered hemutuder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty Out de, from flue dam fire change or gemination is ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered cod famished in strict compliance with all applicable laws and regulations to which the goads am subject. The Seller shall e.ecute and. deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this diameter are hereby incorporated herein by this reference. The Seller agrees so indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of dhe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party said assign, w.fer, or convey this order, or any monies due or to become due hereunder without she prior won" consent ofh, other parry. 10. TITLE. The Seller warrants full, clear and uttresrictM fide in the Purchaser for all tempered, materials, and items fumishM in perfnrms a of this agreement, Gee cod clear of any and ell lie., conditions. rose 6 ., security summer ertcumbmncesand claims of others. 11. NONWAIVER. Failure of the Pumhnser to wood upon strict performance of the terms and candidiate, hereof, failure or delay m rase any rights or remedies prodded hereh or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hcrewder or minimal ofthe design, shall not release me Seller of any of the warnntim or obligations of this purchase order and shall not be dcemed a waiver of any right of the purchaser to imist upon strict performance hereofof any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, w m any prior or subsequent default heremfter, nor shall any morponed ore] modification or rescission of this purchase order by the Purchaser operate as a waiver of tiny of she hews hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theretof , for good cause and a consideration fear executing this ,rolane Order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the pwiscular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goad 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 cause the work to be Performed by He most expeditious means available to is, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors Of any tier from all liability and claims of any venue resulting from the performance of such work. This release shall apply even in she event of fault of negligence of de, party mlcssN and shall extend to the directors, ofrrers and employees of such party. The Seller's conwcturd obligations, including warranty, shall not be dimmed to be seduced, in any way, because such work is performed or caused to be, performs by she Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by loner, paant. stonework r copyright, she Seller shall indemnify and save handless the Purchaser from any and at I claims for inGngemem by reason of the use of such patented design, device, material or process in connection with the connect, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inbingement al any lime during the prosecution or after the completion of the work. In eau said ca,mmunL or any pan thereof or the intended use of the goods, is in such suit held to constitute 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 m continue using said equipment or pans, replant the same with substantially equal but nownfringing equipment, or mad; fy it so it becomes hamstringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for she benefit of creditors, appoint a rmeiver ad mtsme for any of the Seller property or business this order may forthwith that wncdcd by she Purchaser without liability. 16. GOVERNING LAW. The definitions ofit. nand or the m eryrea6on of the agreement and the rights ofall panic mount shall be mnswon under and permed by the laws ofthe Sieve ofColmando, USA. The fallowing Additional Conditions apply only in cases where the Seller is m perform work hereutWer, including she services of Seller Rcpreamoutive(s), on she Purmises of others. IZ SELLERS RESPONSIBILITY. The Seller shall can, an said work ad Sellers own disk unfit the same is fully completed add accepted, and shall, in case of any accident, destruction or injury to She work and/or materials before Shcces final completion and wouni are, complete the work at Seller's own expe.e and the the satisfaction of the Purchaser. When madiats and equipment arc famished by others for installation ar erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such mmeriuls and/or equipment were being banished by he Seller under flue order. IS. INSURANCE. 'Me Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, m its employees employed an or in connection wish In, work covered by This purchase aide,, andfor to their dependents in accordance wish the laws of he state in which the work is to be done. The Seller shall also carry comptehemive general liability including, but not limited to, commensal and automobile public hand Iry insurance with Mdily injury and death limits of at least S300.010 for any one person, 5500,IX0 for any one accident and property damage limit per acrident of S400,000 The Seller shall likewise require his conaricors, if my. so Provide for such compensation add insurance Before any of she Sellers or his contrrttow employees shall do coy work upon the premises of ohers, the Seller shall furnish the Purchaser wish a are ifcase dot such compensation and i.usance have been provided. Such certificates shall specify the date when such rompesisation and insurance have been presided. Such certificates shall specify she date when such compensation and i.ursom expired The Seller agrees that such compmsatioa and insurance shall be namominul until after the entire work, is completed add accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the antice responsibility and liability for any all all damage, loss or injury ofmy kind or nature whauoever to persons or property caused by or resulting fmm the execution of the work pmvid for in this purchae, order or in connection herewith. The Seller will indemnify and hold handless 'he Purchaser and any r all of the Purchasers a0icer, agents and employees Gom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persom, 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 the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In tase any suit or chat Proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their address, agents or employees as aforesaid, he Seller hereby agrees to assume the defense thereof and m defend he same at she Sellers awn expense, to pay any and all costs, charges, attorneys me, end 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 employes in such suits or other proceedings, and in case judgment or other lien be placed most or obtained against she property of the Purchaser, or said parties in m as a resins of such suits or odor proteMivy, he Seller will or are cave the same so be dissolved and discharged by giving boll or odnwiow The Seller all his rentan d sh shall sake all safety precautions, furnish all small all guards uraxi for the prevention of accidents, comply wish all laws and regulators, wish moral to safety including, but without limitation, the Occupational Safety and Health Act of 1970 mW all roles and regulations issued pursuant thereat. Revised 03R010