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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9146715PO PURCHASE ORDER 914671 Number Page C.I�I of PURCHASE 9146715 1 of 2 F6r} Collins I ns This number must appear /_^,'`�—J`-' ` " on all invoices, packing sli s and labels. Date: 11117/2014 Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS CO 80525 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 11/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Port of Entry Project 1 LOT LS see attached work order and scope of work Complete hydraulic analysis, floodplain use permits, final design and construction observation/coordination for the POE Pit project 7084 Consulting Engineers for W/WW & Stormwater Facilities Capital 35,000.00 Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from some and local arm. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificax of Registry 84-6000587 is registered with the Collector .f Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutm 1993. Chapter 39-26. 114 (a). Gaols Rejected. GOODS REJECTED due to failure to mat specificmions, cline, when shipped or due to deform of damage in fnsit, may be, refuted to you fin aedin and we not to be replaced except upon receipt of written instructions from the City of Fall Collins. Inspection. GOODS are subject o she City of Fan Collins imitation on arrival. Final Acceptance. Receipt of the merchandise, soldiers or equipment in mpomr to this older can mull in authorized Payment on the For, of the City of Fort Collins. However, it is to be understood flat FINAL ACCEPTANCE is dependent upon completion of all applicable required usurpation procedures. Freight Terns. Shipman. mutt be F.O.B., City of Fan Collins, 700 Wood St,, Fort Collins, CO 90522, unless wherwix mocired on this will Upennicsion is given to prepay right and charge separately, the original freight bill must accompany invoice. Additional chatges for packing will not be accepted. Shuspmevt Distance. Whore manufactured; have distributing points in various puts of the country, shipment is expected Imm the cement distribution Point to destination, and excess freight will be deducted from Invoice when sfpmcnts art made( pTwter dismme. Pemdts. Seller shall procure al sellers sole enef all necessary permits, cerdratm and Ile. required by all applicable awn, regulations, oldusmam cod mats of the suite, municipality, territory or political subdivision wuhm Ile work is Performed, or rmuircd by any other duly constituted public authority having jurisdiction over two work of vradar. Seller waher agras to hold the City of Fort Collins hmml. from and agalml all liability and loss incurred by them by season of an msened or established violation of eery such laws, regulation, ordinances, tales and "coo meets. Authorimtion. All I'Fmties to this contract agree that thc representatives arc, in fea, bow fide end pumess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limbs acceptance to the wens and conditions sated herein set forth and eery suppaememary or additional terms and conditions annexed hereto or incorporated hmin by reference. Any additional or different erms and conditions winsmed by seller are objected to and hereby rejmcd 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately flow cannot make complete shipment to arrive on your promised delivery data m noted. Time is of the essence. Delivery and performance must be effected within the time slated on the purchase older end the documents attached hart.. No aces of the Purchasers mdoding, without limitation, acceptance of partial late deliveries, shall operate as .waiver of fhis provimmi. In the event of any delay, the Purchaser shall have, in addition in other legal and mnimble remedies, the.,Iaw of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays due to causes not reasonably foreseeable which we beyond its mamnable comma and without its fault ofnegligence, such ads of God, acts of dad or military authorities, govemmrnlal priorities, fires, strikes, Bond, epidemics, was or riots provided that notice of the condilions taming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm(. In the loam of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mammals and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrem to hold the purchaser harmless from any Ins, damage or expense which the Purchaser may suB'a or incur on account of the Scalers breach of warrmtty. The Seller shall replace, most, 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 may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date Of acceptance Of the goods finalishal hereunder (acceptance not to be unremnnably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of any claim under this warranty. Except as otherwise provided in his purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing warrinties or gummatms, 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal It. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pwchsser may make any cbanget to the terms, other than Iowa emu, including WJltiom to or deletion fmm By quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change aRecm the amount due or Ore time ofpeconarmce hereunder. an tamable adjustment sMll be made. 6. TERMINATIONS, The Purch ow may at my time by written change order, andown, this agreement as to my or all portions of the goods then not shipped, subject to tiny muimble w1jmlmed be va rt the Partin as to any work or moterials Own in Progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompined Portion of the goad ani work, for market.] out commuernid lamas®, and that no each adjmtmenn be made in favor of the Seller will respect o my good which arc the Sellers suiMard stork. No such termination shall relieve the Purchaser or the Seller of—y of their Obligations as to my goods delivered bewunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thirty (30) days rut the date the change or temti anon is trandi 8. COMPLIANCE WITH LAW. The Seller warrants flat all good sold hereunder shall have been produced, sold, delivmd add tumbled in strict compliance will all applicable aws and regulations to which the goods arc subject The Seller shall execute and delver such dommenu as may be dmuired to effect or midmce compliance All laws add degulmiom rmuired to be incodpormed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all wits and damages suffered by the Purchaser as a result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mantes due or m become due hereunder without the prior women consent of the other parry. I O. TITLE. The Sella warrants full, clear and unrestricted title to the Pumhaxr for all cOmPon cat, materials, and items famished in performance of this agreement, free and der of any and all Erns, restrictions, reservatimus, saurusry intcrmt illuminances and claims of others. I I. NONWANER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not mime the Seller of my of the warmttties or obligations of this pumhax older and shall trot be deemed a waiver of any right of the purchaser to insist upon strict performance hermf or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the to= hereof. IL ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual cro muss, practice, ovexberges resulting from antitrust viaticum are in fact home by the Parchmer. Thereof nfor good cause and as comidemtion far executing this purchase order, the Sella hereby wands to the Purchaser eery and all claims it may now have or he cenr acquired under federal or state antitrust laws for such overcharges relaing to the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase older. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Porchmer dusmrs the Seller to commit nonconforming or defective guods by a date to be agreed upon by the Pudchmer and the Sella, and the Sella favfler indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meam available to it, and the Seller shall pay all vests associated with such work. The Seller shall release the Pmchasa and its contractors of any her f all liability aM claims of any more resulting fro the pert anm ofsuch work. This relrme shall apply even in the event of fault of negligence of the party released real dull extend to the directors, officers and employees of such parry. The Seller's contraznal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by Ile Purchaser. 14. PATENTS. Whenever the Sella is m3uired to use any design, device, material or Process covered by ]air,. Paten. trademark or copyright, me Seller shall indemnify and save harmless the I uahmer from any and all claims for infringement by reason of the use of such parmal design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost, expense err damage which it may be obliged to pay by reason of such InGngmem at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held m consulate infringement and Ne use of said muuspment or Part is enjoined, the Seller shall, at Os awn m,wa, and at Its option, either pram for the Purchaser the right to continue ming said minpmnu or puts, replace the same with substantially mml but nonlnfn'nging equipment, or modify it so it becomes automngusn, 15. INSOLVENCY. If the Seller shall become insolvent or baNmpt, make an assignment for the benefit of creditors, appoint a or trmtoo for any of die Sellers property or bminess, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. no definition ofterms mod or the interpretation ofthe agreement and the rights of all parties hereunder shall be d nstmed under and govemed by the laws of the State of Colorado, USA. Ile following Additional Conditions apply only in cases where the Seller is to Perform work hereundm including the services of Sellers Repmmmfvids), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in au of any accident, destmtion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense add to the satisfaction of the Ffuchmtt. When mmerids and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become mspomusble therefor m though such mmer.le endor equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, f its employees employed on or in connection with the ..,it covered by this pa claw order, andfor m their dependents in accordance wiN the laws of Ne state in which the work is to be done. The Seller than also carry comprebemive eeneral liability including, but not limited to, contractual and aummabile Public liability imumnce with bodily injury and dead, imot of m Icast S300,01eo for any one person, S500,0Uo for any arm accident and property damage limit per accident of S4UQ000. The Seller shall likewise real his contractor, if any, to provide for such com ormatim and insurance. Before my of the Sellm or his contractors employes shall do any work upon the premises of inbod, the Seller shall donnish the Purchaser with a certificate Unit such cona,mad m and imttrmce have been provided. Such cenificatie shill specify the data who. such compensation and insurance have been provided. Such certificates shun specify the date when such compensation and inspect, expires. The Sella agrees that such comorromian and immense shall be mainuiined until after the endue work is completed and accepter 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby complex the entire responsibility and lability for my and all damage, loss or injury of my kind Or corm whatsoever to persons or property caused by to resullm, fmm the execution of fhe work provided for in the puxhaze order or in concoction M1mwith. The Seller will minority ual hold haddless the Purchaser and any r all of d,e Purchasers oft., agents and employees flow and against any and all claims, loss , damages, charges ar c.om m, whether dined or indimet, and whether at persom err property to which The Purchaser envy be put or subject by resin of any act, action, neglect, emission or default on the pan of the Sella, my of his mntractms, or my of the Sell. or all.tors officers, agents or empki ms. In time my suit or other proceedings shall be brought against the Fairlawn, or its officers, agents in employees at my time on account Or by neamn of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same at the Sellers now expense, to pay my and all am, charges, mtomeys fees and other expenses, my and all judgments that may M incurred by or obuiined agaiml the Purcl mer or my of its or their officers, agents or employees in such suits or other Proceedings. and in case judgment or other lam be placed upon or obtained rommot the property oddly Purchaser, or said pmia in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. no Seller and his ro ... shall rake all safety precmtiods, famish and imuill all guard era., far the prevention of accidents, comply with all laws and regulation will regard f safety including, but without limitation, the Occupatioml Safety and Health Act of 1970 and all rules and regulation issued pursmnt damem. Revised 07I2014