HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9145805PO
PURCHASE ORDER 914580er Page
CCI� of PURCHASE
805 tot 2
`t Collins( Thisnumber must appear
` \,I ` on all invoices, packing
sli s and labels.
Date: 10/08/2014
Vendor: 143797
Ship To: WATER UTILITIES
ANDERSON CONSULTING ENGINEERS INC
CITY OF FORT COLLINS
375 E HORSETOOTH RD BLDG #5
700 WOOD ST
FORT COLLINS CO 80525
FORT COLLINS CO 80521
Delivery Date: 10/07/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i WO # MKK-2014-03 CACHE LA 1 LOT LS 70,610.00
POUDRE RIVER AT 125 FLOW
CONSOLIDATION PHASE 2
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:
i11x1>a
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
I. COMMERCIALDETAiLS.
Tax exemptions. By statism the City of Fan Collins is exempt from state end local man. Cur Exemption Number is
11. NONWAIVER.
98L4502. Federal Excise Tax Exemption Certifiwa of Registry 84-B000589 is registered with the Collator of
Failure of doe Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay in
Inremal Revenue, Denver, Colorado (Ref Colorado Revised Sumter 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval afthe design, shall not release the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either who. shipped or due to defects of
any of the warranties or obligations of this purchase enter and shall not be deemed a waiver of any right of the
damage in wamiL may Ire retumd to you for credit and art not to be replaced except upon receipt of wnnrn
Purchaser to insist upon strict performance hereofor any of its rights orremedies m to any such good, regardless
instramons from the City of Fon Call=.
trachea shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS art subject a the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in nespanu to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pun of the City of pan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in sound scis practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspecdonpriestrres.
violations are in fuel burns by the purchase¢ Theretofore, fargoodcause and as menidemlion for eseeming this
net
purchase water, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be, F.O.B.. City of Fan Collins, 700 Wood St, Fan Collins, CO 80522. unless
acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services
mbervnse specified a t this order. If pemmissm t is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant W this purchase order.
bill mast accommov invoice. Additional Charges for sucking will not be accepted.
Shipment Distance. Where menufacarrers have distributing points in era us as of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted man Invoice when
shipment are made from greater distance.
Permits. Seller shall procure in sellers sole cost all necessary permits, certificates and licenses mquired by all
applicable laws, regulations, mdareares:md rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly sainthood public authority having jurisdiction over the work
of vendor. Seller further agrees Iw hold the City of Fart Collins harmless from and against all liability cod loss
incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authenvtion, All parties W this contract agree that the representatives am, in fact, Mna fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the tears and conditions sutd
herein tat fond and any supplementary or additional terms and conditions annexed harem or incorporated herein by
refrence. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment 10 some on your
promised delivery date ns nomd. Time is of the comet. Delivery and perfoommee must be effected within the time
sated on the purchase order and the documents attached berms. No acts of the Purchasers including, without
largica on, acceptance of partial lag deliveries. shall operate as a saucer Of his provision. In the event of any delay,
the Prechaur shall have, in aklilion to other legal and equitable readies, the option of placing this order elsewhere
and holding the Seller liable for damages. Howesa, the Seller shall not Im liable for damages as a result of delays
due W causes not reaunably foreseeable which are beyond its reasonable control and without its fault of negligence,
such act of God, acts of civil or military authorities, ga,manam lxl pricritict fires, stokes, Bank epidemics, wars or
nom provided cast wfee of the conditions causing such delay is Rican to the Purchaser within face (5) days of the
time when the Seller Rest received kmondol thereof. In the event of any such delay, the dam of delivery shall be
extnded for the period tyual to the time actually lost by reason ii delay.
3. WARRANTY.
The Seller warrants that all gods, ankles, nationals and work covered by this order will conform with applicable
drawings, specificaliom, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar coma. The Seller a •yen to hold the purchaser broadcast fmm any two damage or eapeme which fe
Purchaser may sufferer incur on acrotmt of the Sellers breach of warranty. The Seller shall replace, repairer make
good, without cost to the purchaser, any defects at faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the good funtishe l hereander (acceptance Or to W unreasonably delayd), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not
constitute a waiver of nay claim under this warranty. Except to otherwise provided in This pureame order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of fie foregoing wmmdies
or guarantees, but such liability shall in no mrnr include loss ofprofits or has of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES R4 LEGAL TERMS.
The Paramount may make changes to legal terms by wmlen change Oder
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes W the mans,, other than legal mats, including additions to or deletions from
the quamlties originally cdeM in the Specifications or drawings, by verbal an wrtten change maker. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wrinan change order, marinate this agreement as to any or all portions of fe
goods fen not shipped, subject to any equitable adjustment between the Amin as to any work or materials then in
progress provided that dtc Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted
portion of fie goods anther work, for incidental or comequemial damage, and that an such adjustment be made in
fa or arms Seller with respect to any good which art the Sellers small stark. No such armim,ion shall relimax
the purchaser or the Seller ofany of their obligations W many good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim fat adjustment most be asserted within thirty (30) days fmm fie date the change m ternrinalum u
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict
compliance with all applicable laws and regulations to which the goods art subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations acquired to be
incorporated f agreements of this character art hereby incorporated herein by this reference. The Seller agars to
indemnify ad hold the Parchment harmless from all cosy and damages sufferd by the Purchaser as a result of she
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry, shall assign..for, or convey fir other, or my manic, due or W become due hereunder without fe
prior written consent ofthe office par.
10. TITLE.
The Seller warrants full, clear and unrestricted title W fie Purchaser for all quipmenL materials, and items famished
in performance of this agreement, free and clear of my and all Item, restriction, reservations security interest
encumbrances and claims aafers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness W comply, the Purchaser
nay cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its comments of any tier tram all liability and claims of any nature
resulting from the performance attach work.
This release shall apply even in he event of fault of negligence Of the party released and ,hall extend to the
directors, officers and employees ofsuch party.
The Sellers committed obligations, iooluding commonly, shall not be doomed W b<nducd, in any way, because
such work is performed or mused to be performed by the Purchaser.
14. PATENTS.
Nfennv the Seller is mryird m use any design, device, material or process covered by letter, paint, trademark
or copyright, the Seller shall indemnify and save ham0ess the Purchaser from any and all claims fur inPongement
by reason of the use of such patented design, device, material or protest in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged 10 pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far fie
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
non infringing equipment. or modify it so it becomes nardefdnging.
IS. INSOLVENCY.
If the Scllcr shall become insolvent or bankntpt, make an mosigmnent for the benefit of emotions. appoint a
amewer or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Fumhnce, without liability.
16, GOVERNB4G LAW.
The definitions ofrems nsd or the interpretation ofthe agreement and the rights oral] ponies hereunder shall be
mnstmed under it g .oil by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in taxes where the Seller is W perform work hereunder,
including the servicesof Sellers Represenmlive(s), on the premises ofotbers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the sane, ts fully completed and accepted, and shall,
in use army accident, destruction or injury to the work and/or materials before Series final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction cribs Purchaser. When materials
and equipment art famished] by others for installation or erection by the Seller, fe Seller shall receive, unload,
store and handle same at the site and become respearaible therefor m though such materals anther equipment
were being burnished by fe Seller under he order.
IS. INSURANCE.
The Seller shall, al his awn -Fica ,provide for fe payment of worker co.,.,a., including occupational
dwome benefits, to its employees employed on or in connection with the work covered by this purchase order,
ampor 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 root limited to, conrractial and aaumobile public
liability insurance with nobly injury and deaf limits of at leas, SIDgooO for any one prison, 5500,000 for any
one comfort and property damage limit per accident of 54M,0 .The Seller shall likewise aspire his
mentmdors, if any, urn provide far such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the promises of shoot fie Seller shall famish fie Purchaser with a certificate
that such compensation and incomes have been provided. Such cenificalm shall specify to date when such
compensation and insurance have boon provided. Such certificates shall specify the date when such compensation
mW insurance expire. The Seller agree that such compensation mad insurance shall be maintained and are, fie
entire 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, loss or injury crony kind
or nature whaaoever to persons or property cooed by or resulting from the execution offs work providd for in
fir pmchasc order or in correction herewith. The Seller will indemnify and hold harmless fie Purchaser and any
cr all of the Purchasers effects, agents and employees from and against any sad all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to persons or proper to which fie Purchaser malty
be put or subject by mason of my act, radon, neglect, omission or default oa the pen of its, Sell,, my of his
.two., or any of fe Sellers ocontractions officers, agents or employees In c any it or ofer
pmcedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act action, neglect, omission or default of the Seller of my of his contactors or any of its or
their officers, agent or employees ex aforesaid, the Seller hereby agrees to assume the defense fcesof and to
defend the sane at the Seller own expense, to pay any anal all costs, charges, mlomeys 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 other proceedings, and in case judgment or other lien be placed upon or
obtained against fie property, of the Purehaur, or said pares in or as a mull ofsuch suit or ofer proceedings,
the Seller will a once cause fie same W be dissolved and discharged by giving band or oferwise. The Seller and
his coonecmrs shall take all safety precautions, famish and much all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupatimsl Safety aced Health Act of 1970 and all wiles ed regulations issued pursuant ferem.
Revised o1QOl4