HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9143752of
Fort Collins
Date: 07/02/2014
PURCHASE ORDER
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO 80525
PO Number Page
9143752 1of2
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: 07/02/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r WEST VINE BASIN OUTFALL
ADTNL CONSTRUCTION SERVICES
WO # ACE-WV-4
1 LOT LS
7084 Consulting Engineers for future W/WW & Stormwater Facilities Capital Improvements
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.wm
69,726.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order'ferms and Conditions Page 2 Of 2
I. COMMERCIAL DETAILS.
Tax exemphors. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Centralia of Registry 84-6000587 w registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samples 1973, Chapter 39-26, 114 (a).
Goods Reject. GOODS REJECTED due to failure to meet speciftwnons, either when shipped or due to defects of
damage in tmmiL may a rtlumed to you for credit and are not to be replaced except upon receipt of written
instructions form Ne City airport Collins.
Inspection. GOODS am subjatto the City of Fon Collim impaction on arrival.
Final Acceptance. Receipt of the merchandise, services or aluipment in metaanse to this order can result in
influm al min mt an the pan of he City of Fear Collins. However, id is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection Procedures.
Freight Turns. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Ton Collins, CO 80522, unless
otherwise sp effied on this order. Upemrissim is given to pncpay freight and change mpammly, the anginal freight
bill ..it accompany im'aice. Additional charges for parking Will rent be azrepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected form the nearest distribution point to destination, and excess freight will be deducted tram Invoice when
shipments are made from greater distance.
Permits. Scher shall .are at sellers into wit all necessary p.m. renifcenes and herwas required by all
applicable laws, regulations, orcliamces and rates ofthe state, municipality, temon, or political subdivision where
the work is petitioned, or rejoined! by any other duly constituted public authority havingjurisdictian over the work
Of vendor. Seller further ngace, to bold the City of For Collins harmless from and against all liability and loss
incurred by them by reason of an usserred or established violation of any such laws, regulations, ordinances, tales
and requirements.
Authorization. All parties 1. this contract agree that the representatives are, in fact, bona fide and Paso. full and
complete authority a bind said parties.
LIMITATION OF" (BRIMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fbnh and any supplementary or additional teas and conditions annexed hereto or incorporated herein by
reference. Any additional or different rams and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complem shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase ordo and the documents attached hereto. No acm of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Pardoner shall have, in addition m other legal and equitable remedies, the option of placing Nis order elsewhere
and holding the Seller liable far damages. however, the Seller shall not be liable far damages as a desalt of delays
due to causes not reawdubly foresaable which art beyond is reasonable control and without is fault o(ategligeae,
such acts of God, as of civil or military autho dim governmental priorities, foes, strikes, Bond, epidemics, wars or
riots provided that native of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the pied egnal der the time actually lost by own 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 and/or other descriptions given, will be ❑t for the purpas, intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
miler mature. The Sella agrees In hold the purchaser handless form any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repait or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of
acceptance of the goads famished hereunder (acceptance rat to be oun, .. nobly `delzyed), resulting form imperfect
or defective work dune or nortawls famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver army
claim under this warranty. Except as otherwise provided in this purchase ank, the Sellers
liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing warranties
or guamntres, but such liabll try shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILfI Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the teats. other than legal terms, including additions to or deletions final
the quantities originally ordered in the areal ticaiom or drawings, by vernal or written change order. If any such
change aftecs the amount due or the time ofperformance, hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The purchaser may at any time by women change order, acrumnate this agreement as to my a all pond of the
d goothen not shipped. subject to any equitable adjustment between the From, as to any work or reaterialrthen in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uddamropi'mil
portion of the good mWor work, for incidental or wtsequential damages, and that no such adjustment be made in
favor of the Seller with respect many good which art the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sell, army of their obligations as many good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within Nbry (30) days from the data the chmge or mmication is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all good sold hereunder shall him, been produced, sold, delivered and famished in suict
compliance with all applicable laws and regulations an which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations r yuired to be
incorporated in agreemens of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmis from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer. W convey this order, or my monies due or to become due hereunder without the
prior written commit of the other puny.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Purchaser for all NuipmmL materials, and items famished
in performance of this agreement, free and clear of any add all liens, restrictions, reservations, security interest
encumbrances and claims of others.
I I. NONWAIVER.
Failure of the Purchaser to insist upon scrim performance of the terms and conditions hamor, failure or delay to
exercisy rights or candidatesnes provided bempro in or by law, failure an mpfy notify the Sella in the en arof a
breamethe acceptance of., payment for goods hemuMer or approval of the design, shall trot is]. the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon srricr performance hereof., my ofiN right, or remedies as to any such good, regardless
of when shipped, received or weepled, av to any prior or subsequad default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser opemle as is waiver of any of the taros
heraof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize Nat in actual aommlc pmmea, mumharga resulting form antindst
violations are in fact boan<by the Purchaser. Theretofore, for good cause and , consideration for exauding this
puchae order, the Seller hereby -signs to the Purchaser any and ell claims it may new have or January,
acquired under federal or sum a it., laws; for such overcharge ockaing m the partial. goods or services
purchased or acquired by the Pumbaser pursuant an this punchase.Ner.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller t0 correct nonconforming or defective goods by a date to be ngrcad upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may catru the work to be perfomed by the ..at expeditious means available 1. it, and the Sella, shall pay all
costs assaiatM with such work.
The Seller shall release the Purchaser and its ..,motors of any tier from AI liability and claims of any nature
resulting from the performance of mch work.
This talcum xhall apply even in the event of fault of negligence of the party allowed odd shall extend to the
dheelons, offer. and employees .f mch party.
The Seller's contractual obligations, including warranty, shall not lase deemed to be reduced, in any way, because
such walk is performel or caused m Ire performed by the Purchase,
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademak
or copyright, the Seller shall indemnify and save hamless the Purchaser from my add all claims for infringement
by reason of the use of such patented design, device, material or praass in connection with the contract, and
shall indemnify the Pwchaer for any cast expense m damage which it may be obliged to Pay by reawa of such
infringement at any time during me pr mmenti.n or after me completion of the work. In case said equipmmL or
any pan thereof or the intended use of the goads, is in such suit held to comtitum infringement and the use of
said equipment or pan is enjoined, the Seller shill, at its own expense and at is option, either pmcum far the
Purchaser she right to continue using said apartment in pans, replace the same with substantially equal but
noninfringing explained, d, or modify it w it becomes noninfnnging.
IS. INSOLVENCY.
If the Sella shall become insolvent or trarJmpt, make an assignment for the benefit of creditors, appoint a
tmmm se for any of she Sellers property of business, this order ay foMwith be canceled by the
Purcor haser without liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of dire agreement and Ne rights of all parties hereunder shall be
command under and governed by the laws ofthe State ofColma do, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the promises of others.
17. SELLERS RESPONSIBILITY.
'I he Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall,
in aW of any accident, destruction m injury to the work and/or menewls before Sellers final completion and
ecepmnec, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials
and equipment are finished by others for installation or erection by the Seller, the Seller shall receive, unload,
smut and handle same at the sire and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the common of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase .thee
andror to their dependents in accordance with the laws of the some in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability as urance with ha icy injury and death hours of at least 5300.00sa for any one Ixrwn, 5500,000 for any
One accident and property damage limit per accident of 54110,000. The Seller shall likewise require his
contractors, if any, to provide for such compamomen and luxuriance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Eurchasm with a ceniffcam
Nal such compensation and insurance have been prosided- Such cenf0ams; Shan specify the date when such
compensation and insurance have been provided. Such artifcm, shall specify the date when such compensation
and insurance expires. The Seller ages Nat such co u,summom and in—. shall be maintained ..,it afn the
retire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire near masibility and liability for any and all damage, loss a injury of any kind
or nature whensoever to persons or pmpmy caused by or resulting from the execution of the work provided for in
this purchase order min connection herewith. The Seller Will indemnify end hold harml. the Purchaser and any
r all of the Purchasers mflimo, a,.ns and employees Bore and agaired any and all claims, to., damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the paramour may
be to an soldier by toward of any act, action, neglect, omission On default on he prat of Ne Sells, any of his
ommcton, or any of the Sellers Or emparractims officers, agents Or employees. In case any suit or other
pmceedings shall be brought against the Purchaser, or its officers, agents m employees at any time oa account or
by reason of any act action, neglen, omission or default of the Sella or any of his contractors or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to ssmme the defense thereof and an
defend the same in Sellers own expense, to pay any and all casts, charges, lampreys fees and other expenses,
tiny and all judgmen. that may be insured by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other pracci rods, and in case judgment or other lien be placed upon or
obtained against the properly of the Purchaser, or said parties in or as a result of such suns or other proceedings,
the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall rake all safety praautions, famish and install all guard necesmry for the prevention of
accidents, comply with all laws and regulations with regard to mfedy including, but without limitation, dire
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010