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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9133151 (2)PO PURCHASE ORDER 9133151 Page C1171 of PURCHASE 9133151 1 of 2 ' `t Collins Ins This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 09/24/2014 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: 06/17/2013 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price io Poudre River Downtown Project CO#3 Natural Areas Portion 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 EA Total Pay terms net 30 days Invoice Address: 40,900.00 trrzrxrTrl City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax extmption. By smmte the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is I L NON WAIVER. 98-04503. Federal Excise Tax Exemption CafiBca4 of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon met performance of the terms and conditions hereof, failure indelay toInternal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the eve. of a breach, the receptwtt of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spaifwtion, either when shipped or due to defects of MY of the warranties Or obligations of this ptuchow order and shall can be deemed a waica of my right of the damage in transit, may be retuned to you for credit and ate not to be replaced except upon receipt of wnnen purchaser to insist upon strict performance hereof or any of its nit. ar remedies as to any such goods, regsndless insbucti.ns from the City of Fort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this pu¢hse order by ode Purchases crest, as a waiver of my of the terms Inspection. GOODS art subject to the City of Foot Callim inpmim on nnival, hereof. Final Acceptance. Receipt of the merchandise, servic s or equipment in ma,mue to this orderr can exult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autha imul payment M the pan of the City of Fort Collins. However, it is to be understood dualFINAL Seller mud me Purchaser meoppia, that in actanl economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon comple ear of ell applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for -arcing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins, 70) Wood St., Fort Collins, CO 80522, unless acquired Ruler mdevl at state antitrust lows for such overcharges relating m the pmticulat good or services otherwise specified oa this .,it,, If permission is given to prepay freight and charge sepooately, the ongival freight purchased or acquired by the Pushiest pursuesil to this purchase order. hill mnat accamnnnv invoice. Additional chances for catkins will not be accented. Shipment Distanc, Mere manufacturers have distributing points or vad.. pans of the coumry, shipment is expected from that nearest distribution point to destination, and excess freight will he daunted from Invoice when shipments ma mane Rom greater distance. Permits. Seller shall p. am at sellers sole cost all necessary pe.I., certificates and licenses required by all applicable laws, regulations, adiam m, and tales of the stare, municipality, territory or political subdivision where flee work is permuted. or required by any miser duly constituted public mile my having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fat Collins harmless from and aganow all liability and loss immoral by them by reason of an towered ar established violation of my such laws, rtgulmiws, ondimences, tales and requirements. Authorization. All parties to this recover agree fhot the mprexntadivm are, in fact, born fide aM possess full and complete authority to bind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foms and very supplementary Or additional arms and conditions annexed hereto or incorporated herein by aference. Any additional or different It. end wndaiotts proposed by seller are objWcd 10 mod hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASWG AGENT i abb i.ely if you as amOr make complete ship Tad to wrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on It, purchase railcar and the documents attached hereto. No acts of the 1'nachosem including, without lonandion, acceptance of partial late deliveries, shall olxmte as a waiver of this provision. In the event of any delay, the Punchiest, shall have, in addition to other legal and equitable remedie, the option of placing this under elxwhem and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its wawimble central and without its Paull of negligence, such acts.fGod, acts of eivil or military, authorities, govemmrntal potential, fax, stokes, flood, epidemics, wars or riots provided that notice of the condition caning such delay is given to the Franchiser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the time of delivery shall be extended for the period had I. the time actually lost 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 wXm ether descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards tot work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wavaaty. The Seller shall replace, repair or make good, without cost o the purchaser, any defects or faults Mixing within one (1) year or within such longer perod of time as may be prescribed by law or by the terms of My applicable warranty provided by the Seller after the date of ectmers. ONE, good fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or ramrods famished by the Seller. Acceptance or me of good by Be Purchaser shall not consulate a waiver of My claim under this warranty. Except as otherwise provided in this punhme order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes in legal write by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal tams, including additions m or delabm from the quantities originally ordered in the specifications or dmwinp, by veNal or woolen change order. If any such change affects the amount due or the time ofperfoumance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhaxr may an any time by wnnen ebonge order, min inala this agreement as 10 any or all portion of the goad then not shipped, subjnt to any equitable adjustment between the panics as to any work or ma ibials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted poadmn of the goods interior work, for Incidental or conequemial damages. and fast no such w1poEnent be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such remnia.ion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, assured within thirty (30) days from the dare the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warms that all good sold hctcunder shall have been produced, sold, delivered and famished in wrct compliance with all applicable laws and regulations to which the good art subject The Seller shall execute and deliver such documents as may be regained m effect ar evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby Incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless foam all costa and damages suffered by the Purchaser as a retch of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall resign, transfer, Or convey this order, or any monies due or to became due hereunder without the prior written coment of the other tarty. 10. TITLE. The Seller warrants full, dew and wassMcred title to the Purchaser for all equipment, materials, and items famished in perfomance of this agreement free and clew of any and all liens, minimum, Mou stiom, secwlty interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Frobisher directs the Seller to correct nonconforming or defective gaol by a date to be agreed upon by ode Purchaser and the Seller, and the Seller thetemRa indicates to inability or unwillingness to comply, the Purchaser may same the work to M performed by the most expalhious means available 1. it, and the Seller shall pay all costs asawamod with such work. The Seiler shall release the Purchaser and its contractors Of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This ml. shall apply even in ode event of fault of negligcnce of the party released and shall extend to the direcmrs, uff,crs and employees ofsuch any. The Sellers mntrdctual obligation, including warranty, shall not be damed to be reduced, in any way, because such work is performed or caused to be performed by the Purchncr. 14, PATENTS. Whenever the Seller is required to use any design. device, material or mi covered by lever, 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 purchaser for any cost, experts, or damage which it may be obliged to Pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or My :in thaeur or the intended use of the goods, is in such soil held le eL litute infringement and the use of said equipment or put is enjoined, the Seller shall, at its own expense and at its option, either procure for the purchaser the right to continue using said equipment or pans, replan the same with substantially equal but noninfringing equipment, or modify it so it becomes mainfi oging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this cover may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAN'. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be ransomed ender and gayemcJ by the laws ofthe State afColorWs, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representafivask on the premises craters. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any accident destruction or injury to the work aw or materials before Sellers final completion and acceptance, complete fire work at Severs own expense aM to the stisfation of the Purehner. when Materials and ryuiprrent are famished by others for installation or malum by the Seller, the Seller shall receive, unload, store and handle same at the ens and become responsible therefor as though such materials and/or equipment were being fmished by the Seller under the ender. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational dr mac benefits, to its employees employed on or in correction with the work covered by this purchase ord, torpor to their dependents in accordance with the 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 5300,00st for any one person, S500,000 to, any Me accident and property damage limit per accident of S400,000. The Seller shall likewke require his contractors, if any, to provide for such compaserma and insurance. Before any of the Setters or his commcurs employees shall do any work upon the premises of others, the Seller shall famish the Purch'aer with a certificate that such compensation and insurance have been provided. Such rerdficam, shall specify the clue when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be inaintnined until aver the crime work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, less or injury crony kind Or wbmwever to Person or properly caused by or resulting from me execution of the work provided fm in this purchau order Or in connection herewith. The Seller will indemnify and hold harmless the Proxima and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, Aamages, charges or expenses, whether direat err iniired and wheher an persons or property m which the Purchaser may be put or subject by reason of my act, action, neglar. omission or default on me pan of the Seller, any of his comments, or any of the Sellers or contracts oRcers, agents or employees. In case any suit or other proceedings shall be Im ughl against the Purchaser, or is officers, agents or employees at any time oa account or by reason of any not action, neglmt omission or default of the Seller of any of his c attotars or any of its or their officers, agents or employees as aforesaid, the Seller hereby egrem to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, moseys fees and 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 employees in such suits or ether proceedings, and in sox judgment or other lien be place) upon a obtained againt the property of the Pumhour. or said parries in or as a result ofsuch suits or other p.ceedicgs, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety preautimrs, famish aod in all all guard nmessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of loin and all aisles and regulation issued pursuant thereto. Revised 07rz014