HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9956813Fort Collins
Date: 10/01/2014
PURCHASE ORDER
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO 80525
PO Number Page
9956813 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PDT ADMINISTRATION
CITY OF FORT COLLINS
281 N. College
FORT COLLINS CO 80521
Delivery Date: 11/13/2009 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
z Mason Corridor BRT
Change Order
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
Total
Pay terms net 30 days
Invoice Address:
26,641.00
Will
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDEFAILS.
Tax exemplars. By.,, the City of Fort Collins is exempt from same and local tarn. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption CMifcam of Registry 84-6000587 is registered with the Collwaor of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay as
Interim Revenue, Denver, Colorado (Ref, Colomd. Revised Stnwtes 1973, Chapter 39-26. 114 (a),
exercise any rights or remedies provided basin or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of., payment far goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure in meet specifiratiom, either when shipped in due to defects of
any of the wore tin or obligations of this purchase order and shall not he demand a waiver of any, right of the
damage in unasit, may he remmed to you for credit ad are not to be replaced except upon receipt of wrinen
purchaser to insist upon and performance hereof or my of its rights or mndies as to my such goods, regardless
instructions from the City of Too Call lips
of when shipped, received or accepted, as to any prior or subsequent default heremda, nor shall any purposed
and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tress
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, service* or equipment in maponu to this order can mull in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fiat Collins. However, it is to he undrntood that FINAL
Seller and the Puchaser recognize that in actual economic practice, overcharges reaniting train antitrust
ACCEPTANCE is dependent upon completion all applicable require l inspection procedures.
violations are in fact blame by the Purchaser. Theretofore fogood came, and as consideration for executing his
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms- Shipments must be FO.B., City of Fall Collins, 700 Woad St., Fort Collins, CO 80522, unless
acquired under f trrsl or sae amioust laws for such overcharges relating to the particular gam& or services
otherwise specified on this poem. If permission is given W prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase orde,
bill most acammnv invoice. Additional chances for picking will not he accepted.
Shipment Distance. Where mannthcturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be dedmtm from Invoice when
shipments are made from greater dutanm.
Permits. Seller shall procure at sellers sole cost all necessary permits, ber-ificams and licenses required by all
applicable laws, regulations, aidinances and mks of the state, municipality, territory or political subdivision where
,be ..,it is performed, Or required by any other duly conmimted public authority having jurisdiction over the work
of.'cmfr. Seller further agrees to hold the City of Fall Collins hpanless from and against all liability and loss
incurred by them by reason of an meered or nublishttl violation of any such laws, regulations, oldinance*, rates
and requirements.
Authorization. All parties m this contract agree the the represenm,ivn are, in fact bona fade and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits avaptmce to the terms and candidates sated
Ravin set forth and my soppleamper, or additional terms and conditions ...axed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby jemd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou moral make complete shipment m arrive on you,
promised delivery dam as noted. Time is of the essence. Delivery and Performance most be effected within the time
sated On the purchase order and the documents attached hereto. No acts Of the purchasers inclialm& without
limitation, acceptance of partial Into deliveries, shall operate ass a waiver of this provision. In the event of any delay,
the Purchaser shall have, in eddition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damageshowever, the Seller shall not be liable for damages as a .at, ufdelays
due to causes no, reawnably foraazble which am beyond its reawrable coonml and wilbo t its fault of mglilace,
.It acts of God, acts allied or military mdromin, governmental priorities, fires, stakes, 0laod, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of rho
time ohm the Seller first received knowledge thereof. In the event Of any such delay, the dam of delivery ahall be
extended for the period equal to the time actually host 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 nark., other descriptions given, will be fit far the purposes imendal, and
performed with the highest degree of care and competence in accordance with accepted standards far work of a
similar name. The Seller agree, Ira held the purchaser herrnless from any loss, damage or expeme which the
Purchaser may se,14r or i.e. on incoum of Ne Sellers breach of warearty. The Sella shall replan, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms clarity applicable warranty provided by the Seller after the date of
acceptance of the goods Published! hereunder (inaparm not to be unreasonably delayed), resulting from imperial
or defective work done or materials famished by the Seller. Acceptance or me ofgooda by the Purchaser shall not
c ustifir e a waiver of any claim under Nis wamnry. Except as otherwix provided rights purchmc order, the Sellers
liability hereunder shall extend to all damage* pmximarely caused by the breach of my afthe foregoing warranties
or gu.rmoms, but lath liability shall in no event include less of pmfits or loss of use. NO IMPLIED WARRANTY
OR MERCIIAN'I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may make changes or legal terms by remain change order.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal term, including additions to or deletions from
the 9uanffes originally oaered in the spa incmicns or drawings, by ve al err wrinan change older. If any such
change affects the amount due or the time ofperfom xmm haraddier, an equitable adjustment shall be made.
6.'TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any Or all puniuns of,he
goods then not shipped, subject to my equitable adjosvnem between the pvfes as to any work or mmaials,hen in
progress povidd the, the Purchaser shall not he liable for very claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no well djustmem be made in
favor of the Seller with respect m any goods which are the Sellers standard stock. No such metrication shall relieve
the Purchaser or the Seller crony of their obligations as to any grads delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assened within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants the, all goods sold hereunder shall lave been pmdmem, sold, delivered and fumishd in strict
ompliantt with all applicable laws and regulations to which the goods are subject The Sella shall execute and
deliver such documents as may be required m effect of evidence compliance. All laws and regulations required m be
interpolated in agteommm of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaer humlas from all cases and damage, suffered by the Purchaser as a result of the
Sellers failure to comply with such row.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due err to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Sellacermants full, clear and unrernicted title to the Purchaser for all equipment, radicals, and items f ishd
in performance of this agreement, free and clear of any and all liens, resmctioa, reservations, security interest
encumbrances mld cloims.1 otficrs.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If,he Purchaser dircms the Seller to correct nonconforming or defective goods by a dam 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 he performed by the most expeditious means available to it, and the Seller shall pay all
ass tomerased with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall v,[, even in the runt of fault of negligence of the parry released and shall exmod to the
directors, officers and employees of sash party.
'I he Seller's mrrmctnal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchases.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or prows covetd by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser rrom any and all claims for infringement
by reason of the ass of sucb pmated design, device, material or process in connection with the contract, and
shall iodemnify the Purchaser for any cast, espnne or damage which it may he obliged 1. pay by reason of such
infringemenl at any time during the pmseeusion or after the completion of the work. In cave said equipment, or
any pm thereof err the intended use of the grads is in such suit held to conslmte infringement and the ose of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either immure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
naninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
if the Seller shall become insolvent or bankrupt, make an assignment for the beoetil of credimrs, appoint a
receiver or tea for any of the Sellers property or business, this order may forthwith be macelal by the
Purchaser
without liability.
16. GOVERNING LAW.
The definitions of terms used or the inmrpmtmion ofthe agreement and the rights of all panin hereunder shall he
consumed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where file Seller is so Palmeri work hereunder,
including the services ofScllrn Representaaivgs), on me premise* of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully compleed and accepted, and shall,
in case of any accident, deatmction or injury to the work mWor mamdd before Sellers fail completion and
acceptance, complete the work at Sellers own a'as, and to ,he musfactlou of the Purchaser. When rmmma ,
and equipment arc fumisbed by others for installation or criterion by the Seller, Ne Sella shall receive, wlod.
store and handle same at the site and become responsible therefor as though such materials andlor appraisal
were being famished by,he Seller under the Order.
IS. INSURANCE
The Seller shall, at his own expense, provide far the',fical of workers wmpematim, including ocmpafmal
disease benefits, to its employees employed on or in connection with the work covered by this purchase Older,
anther to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability iosumcce with bodily t jury and death limits of m least S300,000 fro any one person, S500,000 for any
accidentone am pmpeny damage limit per incident of $40Q000. The Seller shall likewise require his
contractor, if any, to provide for such ampenation past insurance. Before any of the Scum or his mntmcmrs
employers shall do any work upon the premise of others, the Seller shall f rprob the Purchaser with a certificate
that such compensation and insurance have bran provided. Such cerrilimtes shall specify the date when such
compensation vad i.ce have been provided. Such certificates shall specify the due when such comperdwlon
aM insurance expires. The Seller agree* the, such mmpew,a. pool insurance shall he maintained ..,it after the
entire work is completed and accepted.
19. PROTECTION AGAINSTACCIDENT S AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any ad all damage, lass or injury ofmy kind
or mture whatsoever m pawns or property mused by or resulting from Nc exception of the work provided for in
this purchase older or in connection herewith. The Sella will indemnify and hold harmless the Purchaer and any
r all of the Purchasers officers a,and employees form and against any and ell claims, Imsn, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission or default oa the inn of the Seller, any of his
ontractors, or my of the Sellers or contractors officers, ageuts or employees. 1. cove on, at, or other
proceedings shall he brought against the Puchaer, or its officers, agents or employees at coy time an -at— or
by reason of my act, when. neglect, omission or default of the Seller of any of his commctors or any of as or
their officers, .,ON or employee as iferewid, ,he Sella hereby agrees ,o assume the defense thereof and to
defend the same at the Scllers own expense, to pay any land all costs, charges, attorneys fees and other expenses,
any and all judgments Nat may be inured by or obtained against she purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon in
obtained against the property afthe Purchaser, or said Wnin in or n a mull of such suits or other proceedings,
the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all may precaa,ions, fifiredish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety bounding, but without limitation, the
Occupational Safety and Health Act of 1970 bond all rules and regulations issued pursuant thereto.
Revised 07R014