HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9133151 (3)Fort Collins
Date: 12/02/2014
PURCHASE ORDER
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO 80525
PO Number Page
9133151 left
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/02/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
tt Poudre River Downtown Project
CO#4 Natural Areas Portion
Per requisition 48747
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
20,590.00
Total $20,590.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By stamed the City of Fort Collins is exempt from ataze and local taxes. Out Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificam of Registry 84-6000581 is registered with the Collector of
Failure of the Purchaser to insist upon mitt perfarmana of the terms and conditions hereof, failure or delay to
Inemal Revenue, Deaveq Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exemise any rights Or remedies provided hereto or by law, failure to pmmpay notify the Seller in the event of a
March, due composite ofor payment for goods M1ereunda or approval other design, shall cot release the Sella of
Goods Rejects. GOODS REJECTED due to failure 10 meet specifications, either when shipped or due m defects of
any of the warren he, m obligations of this purchase order and shall not he deemed is waiver of any right of the
damage in transit, may W rmtnted to you for credit and are not to be replaced except upon receipt of wham
pouthe w or insist upon strict performance hereofor any of its rights or remedies we to my such goods, regardless
instructions from the City of Fort Callum.
of when shipped, received or accepted, as to any prior or mosequent default hereunder, nor shall any puryoned
oral mach fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins Impmtlon on arrival.
hat
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
ut ahorized payment on the p. of the City of Foe Collins. However, it is to be understoal that FMAL
Seller and the Pu brour recognize that in actual a uric practice, o ertharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations ate in fact home by rise Partisan,Theremfore,rfor goad cause and ss comidemtion for exacting this
purchase oMe,. the Seller hereby assigns to the Prostate, any and all claims it may now have or haenfter
Freight Terms. Shipments mast M F.O.B., City of Fort Collins, 200 Wood St, Fort Collins, CO 80522, Is.
acquired under Be l or state antitust laws for such overcharges miming to the particular good or services
otherwise specified on this other. Up omission is given to prepay freight and charge separately, the original freight
ptuchased or acquitud by the Pwchaser pursuant or this purchase under.
bill most acemoanv invoice. Additional chances for not will not M scc,med.
Shipment Distance. Where manufacturers have eliminating points in sarions parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments our made farm greater distance.
Peanits. Seller shall procure of sellers sole cost all mane sary pemnils, cenifirwas and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority Moving jurisdiction over the work
of vendor. Seller further agrees to hold the City wf Fort Collins Modems from and against all liability and lass
d by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
incurred
ndanrecruitments.
Authorivtion. All parties to this contract agree that the representatives we, in fact, bona fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expmssly limits acceptance m the Is. and conditions stated
herein set font and any supplementary or additional terms and conditions atmexd hereto or incorporated herein by
reference. Any adeitional or different temp and ambitious propased by seller are objected to and hereby fated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedisely if you cannot make complete shipment to arrive on your
promised delivery date as awed. Time is of the essence. Delivery and performance must M effected within the time
stated on the purchase order and the documents amched hereto. No acts of the Purchasers including, without
lmunifiom acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not easonably foreseeable which are beyond its reasmuble control and without its fault of negligence,
such acts of God, was ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of fie conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thercof. In the event of any such delay, the date of delivery shall he
extended for the pwood equal,. 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 applinble
drawings, specifiwtiom, samples and/or order descriptions given, will M fit for the purposes immded, and
performed with the highest degree of ore and competence fa accardaace with accepted swdarts for work of a
similar mount. The Seller ogees to hold the purchmer hvmless farm any lass, damage or expense which the
Purchaser may suft or incur on account of the Sellers breach of warranty. The Sella shall replace, repair m make
good, without cost to the purchaser, any defects or faults timing within one (1) year on within such longer perind of
time m may he prescribed by law m by the terms of my applicable warranty provided by the Sella after the date of
acceptance of the goods furnished hereunder (acceptance nor to be unseasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this woman, Except as otherwise provided in this purchase 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 ofpmftts 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 m legal terms by wnaen change under
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tworn, other than legal terms, including wal to or delta m town
the quantities originally ordered in the specifications or dmwmgs, by cabal or written change order. If my such
change affiecn the amount due in me time ofperu moue hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purehnsa may at any time by written change other, terminate this agreement as to any or all portions of the
good into not shipped, subject to any ryuitable adjmtlnert between the parties as to my work or materials then in
Progress pmvid,d that the Prrchaur shall not be liable for any claims for anticipated profits rev the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect no my goad which art the Sellers standard stock. No such termination shall relieve
the Purshoser or the Sella of any ofthar obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days firm the date the change or termination is
ordered.
I. COMPLIANCE WITH LAN'.
The Seller warms that all goods sold hereunder shall have been produced, sold, delivered and fumuhed in strict
compliance with all iondeable tows wad regulations or which the goods are subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence complimm. All rows aid regulations acquired 10 he
incorporated in agreements of this chammer am hereby incoryorated herein by this mature. The Seller agrees m
indemnify and hold the Pm<hoser hornless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither any shall assign, lransfeq or convey this order, or any monies due or to became due hereunder without the
prior written consent ofe other parry.
I O. TITLE.
The Seller one mms full, clear and untra eted title to the Purchaser far all equipment, maerials, and items famished
in performance of this agreement, free and clear of my wall all liens, restrictions, reservations, security interest
encumbrances and claims nfnWers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pumbaser directs the Seller to correct nonconforming or defective goads by a daze an be agreed upon by the
Purchaser and the Sella, and me Seller thereafter toftemes its inabilitym unwillingness to Imply, the Prrctata
may cause the work to be performed by the most expeditious meets available to it, and the Seller shall pay all
costs associated 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 apply even in the event of fault of negligence of the party released and shall extend to the
directors, oRcers and employees wfnash party.
The Seller's contractual obligations, including warranty, shall not he deemed to he reduced, in my way, because
such work is performed or caused to be perfomued by the Purchaser.
14. PATENTS.
Whenever the Seller is acquired to as, my design,device, material or process covered by letter, pazwer, trademark
or copyright, the Sella shall indemnify and save harmless, the Purchaser from my and all claims for infringement
by rearmor of the use of such patented design, device, material or process in comectum with the contmm, and
shall indemnify the Purchaser for my cost, expense or damage which it nay he obliged m pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In tau said equipment, or
any Wet thereof or the intended use of the good, is in such suit held in comtimtn infringement and the use of
said equipment or pan is enjoined, the Sella shall, ar its own expense and at its option, either Fromm for the
Purchaser the right to continue using said mulpment or pans, replace the same with substantially equal but
nwninGunging equipment, or modify it so it becomes nonanfninging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trusts for any of the Sellers property, or business, this order may forthwith be canceled by the
Pmclu a without liability.
16. GOVERNING LAW.
The definitions ofterrm used or the interpmadon ofbe agreement and the rights of all panics hereunder shall he
combined under and govemed by the laws ofine State ofColmado, USA.
The following Additional Conditions apply only in cases where the Sella is m perfmm we& hereunder,
including the services of Sellers Repmsentativet on the promises o(others.
12. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk until the same is fully completed and accepted, end shall,
in se of any secular, destruction or injury m the work mNor materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When mmeriah
and equipment are famished by others for installation or account by the Seller, the Seller shall receive, onload,
store and handle same at the site and become responsible therefor as though such maerials and/or equipment
were being famished by the Seller under the order.
I& INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compasaaou including occupational
disease benefits, to its employees employed on or in resurrection with the, work covered by this purchase under,
mNor to their depeMmts in accordance with the laws of the state in which the work is to he done. The Sella
shall also carry compreMuive Semml liability including, but tar limited m, contmcrml a.d automobile Public
liability insmeme with bodily injury and dram limits of in least 5300,000 for my one person, 5500,000 for my
cam accident and property damage limit per accident of S ggi,o0o. The Seller shall Likewise require his
contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purcheser with a certificate
that such compemmion and insurance have been provided. Such certificates shall specify me dam ohm such
compensation and insurance have been provided. Such certificates shall specify the data when such compenmtion
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
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 of any kind
or nature whmsoaa to pennons or monetary aimed by or resulting from the execution offer, work provided for in
this purchase order or in corm etion herewith. The Sella will indemnify and hold handless the Purchaser and my
or at] of the Purchasers olficen, ngents and employees from and against tiny and all claims, losses, damage,
charges or expemcs, whaercr direct or indirea, and whether 10 persons or property to which the Purchaser may
he put or subject by ream. of my ncr, action, neglect, omission we default an the pm of me Sella, any of his
conmdaws. or my of me Sellers or mntacmrs officer, agents in employees. In case my suit or other
proceedings shall M brought against the Forchaur, Or its officers, agents or employees at my ace on azwunt or
by rmmn of any act, action, ncdca, omission m default of th. Sella of my of his ...,am many of its or
their officers, agents or employees as aforesaid the Sella hereby Was to assume the defense therm( and to
defend the same at the Sellers over expense, to pay my and all costs, charges, almmrys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Pumhma or any of its Or their wf1ii
agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or
obtained against he property of the Purchaser, or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the scone on he decoNal and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all gurrds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all rates end regulations issued pursuant thrown.
Revised OM014