HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9147178PO
PURCHASE ORDER 914717er Page
City of PURCHASE
47178 7 of z
' `tCollins( This number must appear
v " on all invoices, packing
sli s and labels.
Date: 12105/2014
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: 12/05/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Consulting Work 1 LOT LS 40,000.00
PER WORK ORDER DATED 12-1-14
Evaluation of Fish Friendly Structures along the Poudre River
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 $40,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By mante the City of Fan Collins is exempt from some and local taxes. Our Exemption Number is
I I. NONWA WER.
98-04502, Fdfel Excise Tax Exemption Certificate of Registry 84-64fill is mfismod with the Collector of
Failure of the Purchaser to maim upon strict performance of the mom and conditions hereof, failme or delay to
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 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 aza,. of or paymmt for goods hereunder or approval ofilm deign, shall not release the Seller of
Goods Rejected. GOODS REJECTED due or failure to men specifeations, either when shippers or due to dahme; of
any of rho semantics or obligations of this purchase order and shall not he, deemd a waiver of any tight of fire
damage in manor, may be resumed to you for credit and ere Out to h replaced except upon receipt of wrinm
paresaser to insist upon strict performance hereof or any of its rights or rmndics as to any each goods, regardless
instructions, form the City of Fort Collins.
of when shipped, received or accepted, ss to any prior or subsequent default hereuMn, nor shall any pa rponed
oral modification or resdssien of this putchaac order by the Purchaser operate as a waiver of any of the terms
Impaction. GOODS are subject to the City of Fair Collim inspection on arrival.
ham
Final Acceptance. Receipt of the merchandise, sciences or equipment in mporae to this order can result on
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment as the pan of the City of Fan Collins. However, it ex to be muderstmd chat FINAL
Seller and the Purcheran recognve Oat in actual economicoverges practice, charresulting from antitrust
ACCEPTANCE is ch,gandnt eupon completion of all applicable required inspection pro
procedures.
a
violations re in fart home by the Purnewer. Theretofore far need cause and as consideurion for executing this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 70) Wood Sr., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharge relating to drc particular goods or services
oferwim spmified on this order. Upermission is givm 10 prepay freight cord charge separately. the original freight
perchased or acquired by the Punctuates pursuant to this purchns, order.
bill must acmmpmy invoice. Additioml clurg. for parking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dinaner, When manufacturers have distributing points in various Puts of the rarely, shipment is
If the Purchaser directs the Seller to cored movionfoaming or defective Stands by a date to ha again] upon by the
expected from the saes, distribution point to deduction, and as. freight will be, ddumd from invoice when
Purchaser and me Seller, and the Sella NcrwRer irrdicmes its stability or unwillingness to comply, the Purchaser
shipments are made from greater daemon.
may cause flu, work to be performed by the most expeditious means available to it. and the Seller shall Pay all
costs usociatnd with such work.
Promits. Seller shall procure at sellers sole cost all necessary permits, ennificaus, and licenses required by all
applicable laws, regulations, ordi omes and rates of the sure, municipality, mrriary or political subheaeioo where
The Seller shall release nor Purchaser and its contractors of any tier from all liability and claims of any manor
me work is performed, or acquired by any other duly <ontimted public authority having jurisdiction over the work
resulting form the pMormance ofsuch work.
of vrndm. Seller further, agues to hold the City of Far: Collins hmmless from and agalm, all liability and loss
incurred by them by reason of an asserted or rstablishN violation of any such laws, regulations, ordinance, rules
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and rtgairemens.
directors, Officers and employers ofsuch pan,.
Authorization. All parties to this contract agree that the represtnmtives me, in fact, bona fide and posuss full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions sound
herein act forth and any supplementary or additional toms and condition aunexed hereto or incoryommd herein by
ref ace. Any additional or different terms and condition proposed by selle, are objected ro and hereby rj,cmd,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to artier oa your
promised delivery date as noted Time is of the come. Delivery and ponfo rmanae most be eRened within the time
stated on the purchase Order and the documents attached hernO. Na acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver of deis provision. In the event artery delay,
the Pardoner shall have, in addition to other legal and equitable remedies, the option captaincy this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays
due to causes not easonably foruemble which are beyond its reasonable control and without its fault ofuegligmce,
such ace of Gad acts ofcivil or military authorities, gtwemmenml priorities, free, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchuser within five (5) days of dee
time when the Seller first received knowledge thereof, In the event of any such delay, me dace; Of delivery shall be
extended for the period equal to the time actually lost by reason offer delay.
3. WARRANTY.
The Seller warrants that all goods, amen., materials and work covered by $is order will conform with applicable
drawings, specifications, samples andror other descriptions given, will he fit for the pantosni intended, and
performed with the highest degree of can and competence in accordance with accepted assistants for work of a
similar motor. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sinter or incur on account of me Sellers breach ofwaronty. The Seller shall replace, repairor make
good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of
time as may be presented] by law or by the terms of my applicable wanormy provided by me Seller after the daze of
arreptame of the goods fumaehed hereunder (acceped. not m he unreasonably delayd), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
rmmtimte a waiver of my claim under, this w ran Except u othmvise provided th this purchase order, the Sellers
liability hereunder shall extent to all during. pmximamly..it by fe breach of any of the foregoing woman .e
or guaramma, but such liability shall in no Pent include lass of profits or Ins of. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pmcbmer may make charges; to legal mom by women change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to rho morn. other than legal moms, including additions to or deletions from
no quantities originally ordered in fie speificatioa or drawings, by verbal or woman change cone, If any such
change affrcm the amount due or the time ofpnfoammce hareunder, an equitable adjustment shall be code.
6. TERMINATIONS.
The Purthosor may at any time by written change order, trrmirme this agreement as to any or all porticos of the
goods fen not shipped, subject to any equitable adjustment between the parties as so my work or materials then in
progress provided unit me Purchaser shall not be liable for my claims for anticipated profim on the uncompleted
portion of the goods nndtor work, for incidental or consequential damages, and that no such adjustment be made in
favor of fie Seller with respect to my goods which arc the Sellera standard stock. No such mrmiation shall relieve
the Purchaser or the Seller of any oftheir obligations at to any goods delivered hrreunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be mscned within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with ail applicable laws and regulations to which tlm goods are subjoin The Sells, shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
ncorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffnd by the Purchaser as, a rwuh of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warants full, clear and unrestricted title to the Purchaser for dl equipment, materials, end items fished
in porfomomce of this agreement, face and clear of any and all licus, resniniom, o.ervntiom, security inte.t
rucumbramcs and claims of otheos
The Sellers camractual obligations, including. —my. shall not be deemed to be restated, in any way, because
such work is performed Or caused to be performed by the Purchmer.
14. PATENTS.
Whenever the Seller is required to use any deign, device, material or process covered by ledm patent, trademark
or copyrighq the Seller shall indemnify and save hamuless be Purchaser from any sad all claims for infringement
by reason of the use of such patented design, device, material or process In connection with fie contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case 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, al its own expense and at its option, either procure for the
Purchaser the right m continue using said equipment Or pans, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become ma olvem or bankrupt, make an assignment for the benefit of creditors, appoint a
or lnmme for any of me Sellers property or basin.,, this other may forthwith be canceled by the
Provision without liability.
16. GOVERNING LAW.
The definitions ofmms used or the interpretation order agreement and the rights of all parties hereunder shall be
comrmed under and gmmu ed by the laws of the Sure of Colorado, USA.
The following Additional Conditions apply only in cues where the Seiler is in perform work hercmdf,
including fie services ofSdicrs Rryrtxntativi(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until the same is fully complied at accepted, and shall,
ur case of any accident, desrruction or injury to the work and/or materials be( Sellers final completion and
acempmncs, complete ter work at Sellers own expense and to the satisfaction of the Purchaser. When maserod,
and equipment ere f salad by others fro im allarion or fiction by the Seller, the Seller shall receive, udoad,
store and hurdle same at the site and become responsible feerefor as though such materials mi equipaocnt
were being fumisbd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own asperse, provide for the Wymmt of workers race sco mim4 including occupational
disease benefsms, to its employees employed on or in connection will It, work covered by runs purchase order
aaNar to their dcperdmm in accordance with the laws of the state in which Ore work is to be done. The Seller
shall also con, comprehensive general liability including, but nor limited to, contractual and automobile public
liability insurance with bodily injury and death limits of a, least 5300,000 for my Our person, S5013,000 for any
one accident and porosity damage limit per accident of S400,000. The Seller shall likewise require his
execution, Unity, so provide for such compensation and insurance. Before my ofthe Sellers or his transition
employees shall do any work upon fee premise of tamers, fie Seller shall famish fie Purchaser wins is certificate
that such compensation and inarmance have been provided. Such certificates shall specify me dose when such
compensation and imuranw have been provided. Such certificates shall specify den date when such compensation
and insurance expire. The Seller agree that such compensation and insurance shall be, mainmind until afler me
mtimwork is completed and coupled.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any end all &.,a, loss or injury of any kind
or nature whatsoever m persons or property caused by or resulting from the execution ofthe work provided for in
this purchau order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charge or expenses, whether direct or indirect, and whether to persons or property to which the Putuhaner may
be pot or subject by reason of any act, anion, neglect, omission or default On the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In raw any suit or other
proceedings shall be brought against the Perchmeq or its officers, agents or employees at any time on account or
by reason 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 defense thereof and to
defend the same at the Sellers own expense, to pay any and at I costs, charges, aflomeys fees and other rxpenses,
my and all Judgment; that may be incurred by or obtained against the Function or my of its or feh officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim he placed upon or
obtained against the property ofthe Porringer, or said parties in or as a result ofsuch suits or other proceedings,
fie Sella will at once cause the some to be dissolved and discharged by giving bond or ofewisc. The Seller and
his contractors shall Like all safety precautions, Finnish and hosed] all guard nmrssary for the prevention of
accident, comply with all laws and regulation with regard to safety including• but without limitation, fie
Ocmpatioal Safety and H.Ith Act of 1970 and ell mias and regulation issued p.m., fereto.
Revised 022014