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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9146447PURCHASE ORDER PO Number Page City of PURCHASE 9146447 + of 2 F6 r} Collins I ins This number must appear !-\V`I ` V " 1 1�7 on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 143797 Ship To: NATURAL AREAS ANDERSON CONSULTING ENGINEERS INC CITY OF FORT COLLINS 375 E HORSETOOTH RD BLDG #5 1745 Hoffman Mill Road FORT COLLINS CO 80525 FORT COLLINS CO 80522 Delivery Date: 11/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Shields Pit Project 1 LOT LS 16,064.00 see attached work order and scope of work Final design of Shields Pit project 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO $0522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is m,istered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm, 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due TO failure to amid spaifiratimss, either when shipped or due to defects of damage in aaanit may be tetumed 10 you for credit and are or to be replaced except upon receipt of written instructions from be City of Fart Collins. Inspection. GOODS am subject to the City aFan Collins inspection on arrival. Final Acaptance. Receipt of the merchandise, services or equipment in response to this order am reaull in authorized payment on the pan of the City of I. Collins. However, it is to be understood ThatFINAL ACCEPTANCE is dependant upon completion ofall applicable required reiterates procedures. Freight Terms. Shipments most he F.O.B.. City of Fort Collins, 7W N'ood St., For Collins, CO $0522, unless otherwise specified on this rode,. If permission is given to prepay freight and charge report the million] freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grata, chance. 11. NONWAIVER. Failure of the Parchasa to insist upon strict performance of the terms and coaddimrs hereof, failure or delay to exercise rights or ranedies provided herein or by law, failure is promptly notify the Seller in the event of a breach. The acceptance of or paymma fm goods hereunder or approval ardor design, shall net release the Seller of TOY of the warramies or obligaliom of this purchase under and shall at ba deemed a waiver of my right of the prechaur to Lanka upon scrim performance haeofor any or its rights or remedies as to my such goads, regardless of when shipped, received or accepted, as to my prior or subsequent default hamorder, nor shall my porponed and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the rem¢ hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser Toupin that in actml economic practice, overcharges resulting from antitrust violations are in fact home by The Purchaser. Theretof net, for good wuu and as consideration for executing This purebos, order, the Seller hereby assigns to me PureM1asa my and all claims it may now have or hereafter acquired under federal or state mlim-t laws for such Termhvga relating to The panimlm goods or service purchased or acquired by be PureM1amr promi to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Him, Purchase, directs be Seller to coact rouramforming or defective gad by a date 10 be agreed upon by the Purchaser and the Seller, and The Sella thereafter indicates its inability or unwillingness To comply, the purchaser may cause the work w he performed by the mast expeditious means available an it, and Life Sella shall pay all costs aumainal with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses resuired by all applicable lass, regulations, oMiami. and tales of the not. municipality, mintory or political subdivision where The work is perforated, or r i d by any the, duly caantitured public authority hwar',mahar n over the work of vendor. Seller further agrees to hold the City of ran Collins hi mtlas from and against all liability and loss incurred by them by reason of an mounted or established violation of my such laws, regulations, ordinances, miss and memo memo. Authovation. All monies to This contract agree That the representatives are, in fact, bum fide and possess full and ..plan authadty a bind said puns. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance la the terns and conditions soared herein se, both and any supplementary or additional terms and conditions worried hereto or incorporated herein by reference. Any additional or different teats and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery end performance must be, effected within the bore stated oa The purchase order and be documms mached hereto. No acts of Bar Purchasers including without limitation, acceptance oriented late de ircrim, shall operate as a waiver of this provision. In The event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, The option urinating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes ram mamnably faresecable which are beyond its reasonable control end without its Can, ref negligence, such was of God, acts afcivil or military authoizes, governmental priorities, fires, strikes, Rawl, epidemics, won or riots provided That notice of the conditions causing such delay is given to The Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shill ho extended for The period cowl to The time actually last by reason ofthe delay. 3. WARRANTY. Tile Seller warrants that all goods, articles, materials and work covered by this coda will conform with applicable drawings, specifications, samples Torpor other des iptioas given, will he fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a sound. nodule. The Seller agrees To hold be purchaser hmmleas farm any loss, damage or expene which Ne Producer may saferor incur on account or Net Sellers breach Trwarmty. The Seller shall replace, repair or make good, without cost as Net purchaser, my defects or founts miring within one (1) year or witltio such longer p rand of time as may be prescribed by law or by Net mow ofmy applicable wamrry provided by The Sella after the date of acceptance of be goods Nrri d nd hercunde, (accelerator not To be unreasonably delayed), resulting from imperfecl or defective work done or materials Famished by The Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase aide, the Sellers liability hereunder shall extend To all damages proximately caused by the breach of my of The foregoing warranties or guarantees, but such liability shall in no event include has of profi- or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The pmchccr may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal wants, including additions to or deletions from the quantities originally ordered in the spaifcatiow or drawings, by verbal or written change order. If any such change aff its the amount due or the time of performma hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as do any or all stations of The goods then not shipped, subject to any equitable adjustment between be parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmNs on The uncompleted portion of the goods and/or work, for incidental or emse,n ial damages, and that m such adjustment be made in favor of Ne Seiler with respect to any gad which arc The Sellers standard stuck. No such termination shall relieve the Producer or the Seller of any oftheir obligations as w any good delivered hereunder, T. CLAIMS FOR ADJUSTMENT. Any claim for udjustment must her canned wintiv BaM (30) days f The date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in swan compliance with all applicable laws and regulations To which the good are subject. The Seller shall execute and deliver such documents as may fir required to effect or evidence compliance. All laws and x Bvwan required to W incorporated in agreements of This character are hereby incorporated herein by This reference. The Sella agrees w indemnify and hold the Purchaser baamleas from all ass and dm ca rout( ed by be purchaser c a result of the Sellers failure To comply with such law. 9. ASSIGNMENT. Neither party, shall .sign, transfer, or convey This oiler, ar any monies dre or iu become due hereunder wiflom the prior wrlttm consent of The other pay. 10. TITLE. The Sella worm- full, clear send unratriaed tide m be Purchaxr for all equipment, materials, and it. fumislrcd in reincarnate, or This apeement fare mud clear of my and all liens, restrictions, reaervation , security interest encumbrances and claims ofothers. The Seller shall mime The Purchaser and its contractors of any liar f all liability and claims of my moue resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the director, officers and employees orsuch party. The Selled Transacmal obbgatims. including wamnly, shall not be darned as be reduced, in any vow, because such work is performed or mused to M performed by Be Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shell 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 Functional for any cost. expense or damage which it may be obliged to pay by re son of such infn-ngmnmd at any time during be prosecution or rife, be complaints of The work. In case said equipment, or my pow Thereof or the intended use of The goods, is in such is held w coantiate inGngm om and the use of said equilateral or put is enjoined, the Seller shall, at its own expense and at its aptim, either procure for the Purchazer The right to continue using said equipmen or Pas, replae the mane with substantially Wual bur noninfringing equipment, or mndify it so it becomes nonlnfringing. 15. INSOLVENCY. If the Seller shall became iusalvcal or baticarm, rake ea assigtncvt for the benefit of creditors, appoint a receive, or dma m for my of the Sellers property or business, This onda may foathasith bn e canceled by the Pacoia without liability. 16. GOVERNING LAW. The definitions oftemn used or the interpretation of the agreement and the rights of all parties hereunder shall br, constmed under and governed by the laws ofthe Stam of Colorado, USA. The following Additional Conditions apply only in taus where The Seiler is to perform work herewda, mchding the services of Sellers Represenrthm(s), on the premius ofothers. ❑. SELLERS RESPONSIBILITY. - The Sella shall cony on said work at Sellers own risk until The some, is Polly completed and retained, and shall, in x of any accident, destruction or injury 10 Be work and/or materials before Sellers foal completion and acceptance, complete the work at Sellers own expense and an The satisfaction of the Purchaser. When materials and equipment nor famished by others for ianrllation or erection by The Seller, the Seller shall receive, unload, start and handle same at The star rand become respmrsible therefor, as though such materials and/or equipment were being furnished "a Seiler under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensatiom including acupational disease benefs, to its employees employed on or in connection word the work coved by This purchase order, Torpor to their dependents in accordance with the laws of the state in which the work is to be done, The Sella shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at last S300iii for any one person, 5500.000 for any accident and property damage limit par accident of S400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation and imuranee. Bet m any of The Sellers or his contractors employs shall do my work upon the premiss of others, The Seller shall furnish be PurcM1asa with a cenifieate Re,, such mon,sa sntio t and I..., have ban provided. Such venifican. shall specify Be dais when such compensation and Insurance have been provided. Such anificares shall specify be date when such compensation and insurance expires. The Seller agrees than such compensation and insurance shall be maintained until after The entire work is completed and acapd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibihty and liability for my and all damage, loss or injury of my kind m wore whatsoever w persons or property caused by m mulling from the execution ofthe work provided for in This purchase ode or To connection herewith. The Seller will indemnify and hold harmless be Poindexter and my or all of The Proulauseas officers, again and employees from anal almost my 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, neglect, omission or default on the pm of the Seller, any of his conuadors, or any of the Sellers or contractors oRars, agents or employees. In case any suit or other pr«endings shall be bwughl against the Puwhasa, or its officers, agents or employees at my time on account or by mason of any aT, afiom neglect, omission or default of the Sella of any of his conu errors o1 my of its Or Than officers, agcv- or employ«, c situation, the Seller himeby agrees On assume the defame Thereof and a defend the sane at The Sella own experu'e, w pay any and all cos-, charges, shomeys fees and order axpeases, my and all judgments that may be warred by or obtained against Life Purchaser or any of its or Their officers, agents or employes in such suits or other proceedings, and in case judgment or other lam h placed upon or obtained against the property ofthe Purchaser, or said ponies in or as a result of such saw or *her proceedings, me Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions, famish and moral all guards naessvy for the prevention of accidents, comply wiN all laws and epithelium wid, regard to safety including, but without limitation, be Occupational Safety and Health Act of 1990 and all tales and regulatiom issued pursumn Thomas. Revised 0IR0l4