HomeMy WebLinkAbout143797 ANDERSWON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9145043PO
PURCHASE ORDER 914504er Page
C117f of PURCHASE
9145043 1 of z
' `t( Oil Ins This number must appear
v ` on all invoices, packing
sli s and labels.
Date: 09/03/2014
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: 09/02/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
BOXELDER CREEK OUTFALL 1 LOT LS 214,032.00
PRELIMINARY & FINAL DESIGN
7084 Consulting Engineers for Water, 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.com
Total
Pay terms net 30 days
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
L COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local Pixes. Our Exemption Number is
98-DO02. Federal Excise Tax Exemption Certificate of Registry 84-6tjXf is registered with the Collector of
Internal 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 to directs of
damage in transit, may be armed to you for credit and arc not to be replaced except upon receipt of woven
imtmenum, firm the City of Fon Collins.
Inspection. GOODS are solider to the City of For Co11ins impecdon on arrival.
Final Acceptance. Receipt of me merchandise, smice, or equipment in response to this order can result in
authorized payment on the part of the City of Fort Collins. However, it is to ba understood Bat FINAL
ACCEPTANCE is dependent upon completion ofeil applicable recuiredinspection procedures.
Freight Terms. Shipments must be COAL, City of Fiat Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this .,it,,. Ifpami.ion is given to prepay freight and charge sepnrnely, the original freight
bill must accompany invoice. Additional charges for packing will um be accepted.
Shipment Distance. Where manufacturers have distributing points in caird pans of the country, shipment is
expected from the cores, distributor. in, ro destini ian, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure .1 sellers sole cast all at., permits, certificates and licenses required by .11
applicable laws, regulations, offinances and roles oftbe state, 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 vendor. Seller further agrees to hold the City of Full Collins harmless Goat vad ngumw .a11 liability and loss
incurred by them by remun of an asserted or established violation of any such laws, regulations, radiances, tiles
and requirements.
Authentication . All panic to this contract agree that the representatives ate, in for, bon, fide and possess full and
complete authority to bind said noon.
LIMITATION OF TERMS. This Purchase Offer expressly limits acceptance, m thc terms and condition stated
Parent set form and any supplementary ar additional to. and canditimu annexed here,. or hear omted herein by
reference. Any additional or dilTeren, tears and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLI?ASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of f e, essence. Delivery and performance must be eifected within the time
stated on the purcham order and the documents attached hereu. No acts of the Purchasers including, without
Iimitmimit, acceptance of pPni.1 faro delivmes, shall upemm as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere
and holding me Seller liable for damages. However, thn Seller shall rot be liable far damages as a result of delays
due to causes not reawnably foreseeable which are beyond its reawable conwl and without its fault of negligence,
such ace of Gad, acts of civil or military aathorifiex, gevemmmtal priorities, fires, strikes, flood, epidemics, wars or
Pigs provided that notice of the conditions carving such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be
extended for the period equal to the time actually lost by .,on of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and we& covered by this order will conform with applicable
drawings, specifications, armless allor other descriptions given, will be fit for tee purposes annual and
perforated with the highest degree of care and competence in accordance with accepted standards for work of a
imilar mture. The Seller agrees to held me purchaser harmless from any loss, damage er expense which me
Purchaser may softer m incur on account of me Sell. breach of wamaty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defers or fauns acting within mere (1) year or within such longer Period of
,raw as may be presmhed by law or by me terms of any applicable .1, provided by the Seller after me date of
acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfct
in defective work done or materials furnished by ,he Seller. Acceptance or use of goofs by the Purchaser shal I not
institute a waiver of any claim rude, this waranty. Except as otherwise provided in this purchase offer the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or gamnices, but such liability shall in no event include loss of prof. or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Forecast may make changes m legal team by written change offer
5. CHANGES IN COMMERCIAL TERMS.
The Purchmer may make any changes 1. the terms, .,her than legal rem¢, including additions m or delo inns from
the gsecurities originally ordered in the specifications or drawings, by verbal or wrifirm change order. If any such
change aReua the -,.Pat due e, me time ofperfoamanae hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
Ile Purchaser may at any time by woman change order, terminate this agrtemem as to any or all ponlons of the
goods then no, shipped, subject m any mitable adjustmo, berwuen me run. as in any work or materials men in
progress provided But the Purchaser shml Prot to liable for any claims for anticipated profirs on me uncompleted
portion of the goods arbor work, for incidental or comequented damages, card that no such adjnVan of be male in
favor of the Seller with Pespeen 1. any goods which art the Sellers standard stork. No such mo niummin shall ¢line
the Purchaser or Brc Seller of any oftheir obligations as, to any goods delivered heremWer.
7. CLAIMS FOR ADJUSTMENT.
Any claim for idjuslmetn mar be accrued within thirty (30) days from me date the change or ternmernion is
offered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, said, delivered and ff n¢hed in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall ammum aid
deliver such documents as may he required to effect or evidence compliance. All laws and regulations enquired to be
incorporated in agreements of Nis charamer are hereby incor omted herein by this reference. The Seller agrees to
indemnify and hold me Purchaser Inundate from all cos. and damages saQaed by the Funchder as at resin, of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or in become due hereunder without he
prior written consent of me other party.
10. TITLE.
The Serer warnings full, clear..it unrestricted tide to the Purchaser for .]I equipment nsmrials. and items dimensional
in performance of mix agreement free and vicar of any and all lied, reservations reservaIt.-, mercury i...
commonness, and claims of then.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the homes and conditions hereof, failure or delay co
ex -rise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance Prof payment for goods hereunder or approval fthe design, shall not release 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 of insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default herewder, nor shall any purported
oral modification or rescission of this purchase order by the Penthouse operate as a waiver of any of the toms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges mauWng from antitrust
violations arc in fact home by the Purchaser. Theretofore forgoodcause and as consideration for execmlag this
purchase offer, the Seiler 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 particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iftha Parcrchaser directs the Seller 1. cram man onfmming or ref titm goods by a date m b, agreed upon by the
Purchaser and the Sell, arm the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser
may cause the work an ix Performed by the most expeditious means mailable to it, and the Seller shall pay all
costs esseciaM with such work.
Ile Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any Put...
resulting front the performance ofsuch work.
I his release shall apply even in the event of fault of negligence of the pans relented and shall extend to the
directors, officers and employees clinch pady.
The Settees contractual obligations, including warranty, shall rot be deemed to be centered. in any way, because
such work u performed or caused to be performed by the Eructation.
14. PATENTS.
Whenever the Seller is required to um any design, revive, mmmod m process covered by letter, enter, trademark
or copyright, the Seller shall indemnify and save Institutions, the Purchaser firm any and all claims for infringement
by reason of the use of such oriented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense fir damage which it may be obliged to pay by reason of such
infringemem at any fine. during the prosecurion or after the completion of tee work. In case said equipment, or
any pan thereof or the intended me of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace tee same with substantially egml but
noninGnging equipment, or modify it so it becomes voninGnging
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trome for any of the Sellers property or business, this order may forthwith be canceled by the
Purchase, without liability.
16. GOVERNING LAW.
The definitions oftener used or me interpretation of the agreement and me rights ofull Earliest hereunder shall be
codtved under and Preened by the laws of the State ofCobmdo, USA.
The following Additional Conditions apply only in cases where the Seller u to perform work hereunder,
including the services of Sellers Reprewnmtive(s), on the pmnims of.afters. ..
17. SELLERS RESPONSIBILITY,
The Seller shall carry era said work at Sellers own risk until the same is fully completed and named, and shall,
in case of my accident, destruction or injury to the work and/or contends before Selleh final completion and
acceptance, complete the work a, Seller's own expense and to the satisfaction of the Purchase, When materials
and equipment are founded by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers confirmation. including recupztioal
do. benefi., m its employees employed on or in connection wins me work covered by this purchase order,
and/or to their dependents in accordance with me laws of the state 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 insurance with bodily injury and death limits of at least S300,000 for any one Person, $500,tNYJ for any
one accident and properly damage limit per accident of S400,000. The Seller shall likewise rquim his
onmwmrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmn
on cto
employees shall do any work upthe premises of others, mSeller shall boorish the Purchaser with a certificate
that such compensation and insurance have ban provided Such certificates shall specify the date when such
compensation and insurance hove been provided. Such cenificamis shall specify me date when such compensation
and insurance expires. The Seller agrees cast such compensation aM insurance shall be fiatemined until after me
entire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby az es the entire responsibility and liability for arty and all damage, lass or injury of any kind
of nature whatsoever to persons or property caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from 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, negleq omission or default on the pan of the Seller, arty of his
contractors, aft arty of the Sellers or conficturs officers, agents or employees In case any suit or other
proceedings shall be, brought against the Purchazer, or its officers, agents or employees at any time on account in
by Pawn of my act, action, region, omission or default of the Seller of any of his contrmors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to as5ume f defense thereof and to
dafend the same at $e Sellers own expense, in pay any and all costs, charges, co ormys fees and other expenses,
any and all judgmenfif that may be, incurred by or obtained against the Purchaser or any of am or their officers,
agents Or employees in such auto or other proceedings, and in caw judgment or other lien be placed upon or
rbteined against the property of the Purchaser, no said parties in or as a result of such sails m other prcon dings,
the Seller will at once cane, the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall Pike all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safey including, but without limiration, me
Occupational Safety mad Health Act of 1990 and all roles aPW regulations issued pursuant meteor.
Revised 070014