HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9133151130
PURCHASE ORDER 9133151 Page
C117/ of PURCHASE
33151 t of z
Flirt Collins( his number must packing
!I\V`I ` V �7 on all invoices, packing
sli s and labels.
Date: 09/19/2014
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: 09/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
v Poudre River Downtown Project
CO #3 Park Planning Portion
per requisition 48110
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
30,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from sure and local taxes. Our Exemption Number's
98-(A503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is reglsteral with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtums 1973. Chapter 39-36, 114 (a).
Good R jated. GOODS REJECTED due to failure to meet speciftwtions, either when shipped or he m defects of
damage in human, may be rebound to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Impaction. GOODS are subject to the City of Fort Colmar inspection on arrival.
Final Acceptance. Receipt of the merchandise, Senn or equipment in response to this order can result in
authorized payment on the part of the City of Foe Collins. Howevev it is to be understual that FINAL
ACCEPTANCE is dependent upon completion of all applicable squired inspection proccula s.
Freight Tents. Shipments must IK F.O.D., City of Fan Collins, 700 Wood SL, Pa. Collins, CO 90533, unless
otherwise sperificd on this order. If permission is given to prepay frtight and charge separately, the original freight
bit must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in variom parts of the country, shipment is
expected from the nearest distribution point to denivtion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, cenificam and focuses requital by all
applicable laws, regulations, ordivntta and miss of the sans, municipoliry, temtory or political subdivision where
the work is performed, or required by any other duly comtimand public authorty having jurisdiction over the work
of vendor. Seller Tuner agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reamer of an anened or established violation of any such laws, regulations, ordinances, rules
arequirements.
Authorization. All parties to this variant agree that the representatives are, in fact, bona fide and possess full and
onrplae authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptantt to the terns am conditions stated
herein sec ford and my supplementary or additional term and conditions mmeved hereon or incorporated herein by
reference. Any additional or different tears aM rovdWdm proposed by seller are objected omit hereby jested.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery his as mled. Time is of the essence. Delivery and pert ante in be effected within the time
meal on the purchase order and the domments atacbed heem. No acts of the Paul m rs including without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the even, of any delay,
the Purchaser shall have, in addition to other legal and equimble remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes rim ratsOnabl, foreseeable which are beyond its ..Me control and without its fault of negligence,
such errs of God, oars of civil or military mthodtics, governmental priorities, fire, strikes, flood, epidemics, wars or
riots provided that ounce of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fruit received knowledge thereof. In the event of any such delay, the dare of delivery shall be
extended for ale period equal to the time actually lost by reason fthe delay.
3. WARRANTY.
The Sella warrants that all goad, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the pupw s manurial, and
perfumed with the highest degree of cart and competence in accoNmce with acepted standard for work of a
similar ratioe. The Sella agrees m hold the punflown hamlem from any loss, damage or expense which We
Purchmer may suffer or incur on account elf the Sella breach statistician, The Seller shall replace, repair o, make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time in may be prescribed by law or by the ,eats of any applicable wananry provided by the Seller after the date of
assertive of the good bounded heremder (msepa nce not to be unamosembly delayed), resulting from imperf t
or defective work done or materials famished by the Sella. Acceptance or use, of goods by No Pmchmer shall cut
dnstimte a waiver of any claim under this warmnry. 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 warranties
or gu rommus, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. C14ANGES IN LEGAL TERMS.
The Purchaser may make changes 10 legal teats by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to he isms, other than legal arms, including additions to or deletions fmm
the quantum originally ordered in no specifications or drawings, by vabal or written change now If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be its.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate ,his agreement ns to any or all portions of the
goods then not shipped, subject to my equitable adjustment basic— the parries as to any work ar materials then in
progress provided that the Purchaser shall Out be liable for any claims for anticipated profits on the uncompleted
portion of the good and/or work, for incideaal or consequential damages, and that no such sojourner, h node in
favor of the Sella with respect to any goals which we he Sellers standard stock. No such temimtion shall relieve
the Purchaser or the Sella or., afflict, obii,,i. u,o any good ddiveral hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most 4 asserted within thing (30) days fan the der s the change or temimtion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and
deliver such dmmments as may b, required to effect of evidence compliance. All laws and regulatiom required to be
incorporated in agreements of this character we hereby incorporated herein by this nefererue. The Sella agrees to
indemnify and hold the Purchaser hamless firm all costs end damages suffered by the Pmchucr as a caul, f,he
Sellers failure fro comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, Or convey this order, or my monies due or to became he hereunder without the
pricer written consent of the other P.M.
10. TITLE.
The Sella wamms full, clear and mumhiaed life on the Purchaser for all continuing. aaterials, and it. famished
in performance of this agreement, free and clear of my and all liens, ra,netions, reservations, secunry interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof. failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a
breach, the acc,.e ofm payment fan goods hasumder or approval of the daipk shall vat release the Sella of
any of the warranties or obligations of this purchase order and shall not be dcemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purehase order by the Purchaser operate as a waive( of any of the team
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recopuize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchma. Theremfore, for good cause and as consideration No exeenting this
Purchase order, the Sella hereby assigns on the Ism naaa my and all claims it may now have or bereafte,
acquired under federal or suite amimst laws NO such overcharges relating to the pmictlar good or smicni
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella b arrest mncunfoming or defective good by a date b be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to amply, the Purchase
may cattle the work an be perfumed by the most expeditious nwmv available 1. i1, and he Seller shall pry till
costs associated with such work.
The Seller shall Of. the Purchaser and its contractors of any tier four all liability and claims of any meme
mulling fmm the performance ofsuch work.
This class shall apply even in the went of fault of negligence Of the party released and shall extend ra the
direcmrs, dicers and employees ofsucis party.
The Sellers cumbacwal obligations, including warranty, shall nut be craned to be natural, in tiny way, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Wberov the Seller is required to use my design, dwgce, material or process covered by labor, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Pvebmer for any cost, expense or damage which it may be obliged on pay by ream. of such
infringement at my time during the promcmion or after the completion of the work. In race mid equipment. or
any parr thereof or the Intended use of the good, o in such suit held to consfmne infnngemat and no use of
said equipment or pan is enjoined, the Sella shall, at its owes expense and at its option, either procure for the
Purchow, the right to continue using said equipment ,, pans, replace the same with substantially equal but
noninfringing ryuipment, or modify it sa it becomes no dinfeingiug.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trades for my of the Sellers property or business, this order may forthwith b, canceled by the
Parchma without liability.
16. GOVERNING LAW.
The definitions oftems used or the interpretation afthe agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofthe State of CONmdo, USA.
The following Additional Conditions apply only or cases where the Seller is to peffom wort herewder,
including the services of Sellers Ramsen alivds), on the wardim ofabers.
17. SELLERS RESPONSIBILITY.
The Sella shall any on said work at settees own risk mail the same is fully completed red accepted, and shall,
to eve of any attidea, destruction or injury to ale work aadsor maters6 before Sellefs final ..Plate. and
acceptance, complete the work in settees own expeme and to she satisfaction of the Punchiest. When materials
and equipment are duration] by others far installation or erection by the Seller, the Seller shall receive, unload,
store and handle same of one site am1 become responsible therefor as though such materials and/or equipment
were being( ished by the Seller under the under.
18. INSURANCE.
The Seller shall, .1 his own expense, pmvide far the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase cast
author on their dependems in acordauce wit the laws of the state in which the work is to be tone. The Seller
shall also any comprehensive general liability including. but not limited to, contractual vd automobile public
liability imury re with noddy injury and death limits afar least $300.000 for any One Person, $50Qodo for any
ere accident and property dam
age limit per accident of $400,000. The Seller shall likewise require his
contractors, if my, to provide for such compasmion and insurance. Before any of the Sellers or his contractors
employees shall do my work upon the premises ofothers, the Seller shall furvish the Purchaser with a cenifca¢
that such compensation and insurdace have been provided. Such cmlficates shall specify the date when such
compensation and insurance have been provided. Such cmificates shall spcify the data when such comperomm.
and insmmce 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 assumes the entire responsibility and lidard iry No any and all damage, loss or injury of my kind
nature whatsoever m persons or Jumped, caved by or resulting fmm the excitation ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and my
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expeves, whether data, or indirec, aM whether to person, or property, to which the pmdusew may
be put or subject by reason of any act, action, raglan, omission or default on the pan of the Seller, any of his
contractors, or any of ale Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Punctuation, or its officers, agents or employees at any time on acmont in
by mason of any at, action, radial, omission or default of the Sella of my of his commrmrs or any of its or
their officers, agents or employees ss of mid, the Seller hereby agrees an assume the defense therwf and to
defend the same at the Sellers own expense, to pay any and all casts, changes, in omays fees and other expenses,
my and all judgments that may be incurred by or obtained against the purchua or any of its or their officers.
agents or employees in such suits or other proceedings, and in cone judgment or other lien be placed upon or
shimmed against rise pmpary of the Purchaser, or said parties in or to a result of such was or other proceedings,
the Sella will at once cauu the same m b, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall uike all mffy precautions. Amish and install all guard naasary for the prevention of
accidents, comply with all laws and regulations with regard] fro safety including, but without limitation, the
Occuprional Safety and Health Act of 1970 and all ales and regulations ism ipurstiom theam.
Rvised 07Q014