HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9147411PO
PURCHASE ORDER 9147411 Page
C117/ of PURCHASE
47411 ' °'s
' `tCollins( This number must appear
V " on all invoices, packing
sli s and labels.
Date: 12/16/2014
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO80525
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/16/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I East Community Park/Rigden
Park Design Services
1 LOT LS
East Community Park/Rigden Park design services per work order
dated 10/30/14 and invoice 15846 dated 7/9/14.
4ii
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
6,311.00
1.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terris and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By s rnme the City of Few Collins is exempt from state and Wind lax.. Our Exemption Number is
11. NON WAIVER.
98aMuU. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure undo Purchaser to insist upon strict Performance Of the terms and condition, hereof, failure or delay to
Imemal Revenue. Drover, Colorado (Ref. Colorado Revised Salap. 1973. Chapter 39-26,114 FT
exercise my rights or m Mies Provided herein or by law, failure an promptly notify the Seller in the event of a
breach, the Pump. of or payment for good hereumder or approval ofthe design, shall at release the Seller of
Goods Rejected. GOODS REJECTED due to failure m meet spmif=lion,, either when shipped or due,o defects of
my of the warranties or obligations of this purchase ceder and shall rot be deemed a waiver of my right of the
damage in transit may be rammed to you for credit and are not to be replaced except upon nucip, of wrium
purchaser to insist upon strict Performance h somfor my of its rights or remedies as to my such goods, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, u many Prior or subsequent default hcremder, ter shall any puryoned
oral mndificztion or rescission of this purchase order by the purchaser operate as a waiver of any of the it.
Inspection. GOODS. subject to the City of Fort Collins inspection on amval.
hereof.
Final Acceptance Recelp, of the merchandise, services or ginprnew in response to this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment oa the pan of the City of Fort Collins. However, it is to be understood that FINAL
Sagas and the Purchaser meognive that in mural economic practice, a erchmgei resulting from antitrust
ACCEPTANCE is depend-, upon unaMedon Of all apdimble requires inspection procedures.
violations are in fact home by the Purshaeser. Thensfin efogood cause and as corciderafion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Temps. Shipments must be F.O.B., City of Fort Collins, 90) Wood St., Fort Collins, CO 90522. unless
acquired trader federal or sate antiwst laws for such overdumges relming to the particular goods ar drakes
otherwise specified on this order. if pemtission is given b prepay freight and charge separately, the original freight
purchased or acquired by the Pumhaser pursuant o this purchase Omer.
bill must accompany invoice. Additional charges for pecking will not be accepted.
Shipment Distance. Where manufacturers have dimibuting points in various puns of the country, shipment is
expected from the nearest disuibntion point to de, imtioq and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Piano. Sella shall procure al sellers sole coal all nmesmry permits, centificates and late. required by all
applicable laws, regulations, ordinances and rates of the state, municipality, lem pry or political subdivision where
the work is performed, or required by my other duly con,tilated public authority having jurisdiction over the work
of vendor. Seller Printer agrees to hold the City of Fort Callon, hmmlcss from and against all liabiliry and loss
incurred by them by reason of an asserted or established violation of any such lawn, regulations, omimam es, roles
arld rgttiremews.
Annunciation, All parties to this contract agree that the represrnatisxs art, in fact, bona fide and possess full and
complee authority to bind said ponies.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the an. and conditions stated
herein set Each and my supplementary or additonal tame: and conditions amexed hereto or inew,mated herein by
reference. Any additional or different terms and enndidon, proposed by seller not abjecled to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment an nriva on your
Promised delivery date m noted. Time is of the essence. Delivery and performance must the eRe ned within the time
smmd on the purchase order and the documents attached herelo. No acts of the Pumhasers including, without
limitation, acceptance armorial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and quotable remedies, the option of placing this order elsewhere
and holding Ibe Seller liable for damerges. However, the Seller shall not ha liable for damages as a result of delays
due to canvas not reasonably f r.ceable which me beyond its Pent—ble in mmi and without its fault of negligence,
such acts of God, act of civil or military minorities, gnvernmental priorities, files, stakes, hood, epidemics, wars or
hots provided flan islet, of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when be Seller I,., received knowledge therm(. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by season of the delay.
3. WARRANTY.
The Seller warrants that all goods, .rides, materials and wank covered by rhos order will conform with applicable
drawings, specifications, samples andror other description, given, will be fit for the purymes interned, and
pert d with the highest degree of care and competevce in accordance with accepted standard for work of a
mils, nature. The, Seller agrees m hold the purchaser harmless farm my loss, damage or expense which the
Purchases may sun or incur on w.—I of the Sellers breach dwammty. The Sella shall replace, mpwr or make
good, without cast to the preur met, any defects or faults arising within ona (1) year or within such longer period of
time m may be pr.eribed by law or by the term army applicable warranty provided by the Seller after the date of
minipanic of the good fum6hed I aeundes beceptmu not to be, unmssonably delayed), resulting f imPerf t
or defective work done or materials famished by the Seller. Acceptance or use of good by the Parchaser shall not
on,orate a waiver of my claim under this woman, Except as ofmvise provided in this pumhue order, the Sellers
liability hereunder shall .,.it to all damages proximately caused by the blench of my of the foregoing wwWWtas
or guarantees, but such liability shall in no even, include lass of profits or loss of are. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchsser may make changes to legal amen, by writm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchnw may make any changes to the moms, colic, than legal Pesuss, including addllions to to deletions Rom
the quantities originally ordered in the specifications of drawings, by verbal Or written change aides. If vny such
change affects the amount due or the time ofperfounews, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Puchaser may at any time by wrinm change order, terminate this agreement as to any or all portions of the
good then not shipped, subject o any quituble cup com mat between the parties as to any work or materials Then in
progress provided that the Pu d aser shall not be liable for my claims for anticipated profits on the uncompleted
portion cribs goods indoor work, for incidental or consequential damages, and that no such adjustment the made in
favor ofthe Seller with respect to any good which am the Sellers standard stock. No such termination shall relieve
the Purehxeer or the Seller of any oftheir obligatiore as W my goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim fire adjustment most be asserted willow flown, (30) days from the date the change or mosimtion is
ordered
8. COMPLIANCE WITH LAW.
The Seller wwwwas that all goods sold hereunder shall have been produced, said, delivered and f island in wort
compliance with all applicable laws and regulation to which the goods ate subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation, Iquold to Ice
acorporased in agmem=ts of this ch-wIur are hereby incorporated herein by this reference. The Seller agrees a
indemnify and hold the Purchaser baraless from all costs and damages suffered by thc Purchases in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent orlba other Party.
10. TITLE.
The Seller warants full, clew and unrestictd tit], to the Purchuer for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, m whaions, reservations, security interest
encumbrances and claims of Others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
line, Purchaser directs the Seller Ira gram t oncc nfawing or defective goods by a date to be agread an by the
Purchaser and the Seller, and the Seller thereafter indicates its imbility Or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser end its conramors of any tier from all liability and claims of my nature
sesuhing from the performance of such work.
This release shall apply .an in the event of fault of negligmce of the vary released and shall expand On the
direclors, offers and employees of such pray.
The Sellers mnwcrml obligations, including warranty, shall not be deemed to be reduced, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wbenes'er the Seller is rquired to use my design, device, manorial or process covered by lever, patent, trademark
Or copyright, the Sella shall hideaway and rove hawless the Purchasr from my and all claims for inGngement
by reawn of the use of such patented design, deems. material or process m correction with the contract, and
shall indemnify the Purchsser for my cost, expense or damage which of may be obliged m pay by reason ofsuch
infringement at any time during the pmsttution or after the completion of the work. In case said equipment, or
any part therein or the intended use of the goods, is in such suit held to consulate infringement and The use of
said equipment or pan is enjoined, the Seller shall, al its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipmem or parts, replace the same with substantially expand but
noninfringing equipment, or modify it so it becomes naninfiiMing.
IS. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
Paraver
or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Pumhasa without liability.
16. GOVERNING LAW.
The definitions ofterms Paul or the interpretation of the ri ra men, and else rights ofall parties hereunder shall be
mowed under and govemcal by the laws of th<Sate ofCmorado, USA.
The following Additional Conditions apply only f cases where the Seller is to pert work hertwner,
including the services ofSelers Rapresenadvand, on the proms. ofot8ers.
O. SELLERS RESPONSIBILITY.
The Seller shall cart' on said work at Scllcrs own risk until the same a fully complesed and accepted, and shall,
in case of my accident, destruction or injury to the work mtllor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense sand to the satisfaction of the Purchaser. When =m a6
and quipmmt are famished by others for installation or erection by the Sella, the Seller shall receive, unload.
store and handle same at the site =d become responsible therefor in though such materials carbon quipment
were how, famished by dic Seller under the code,.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, m its employees employed on or in connection with she work covered by this purchase order,
mayor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall no, carry comprehensive general liability including, but not limo od to, emanactual and automobile public
liability insurance wish bodily injury and death limits of at least $300,000 for my one person, $500,000 for any
one
accident and property damage limit Per accident of $400,000, The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his cpmramors
employees shall do tiny work upon the premises of others, the Seller shall famish the Purchsser with a cenincam
Nat such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compete
and insurance expireThe Seller agrees that such compensation and immune, shall be maintained until after the
retire ..,it is completed and mttpsed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ressurnewthe=tire responsibility and liability for my and all damage, loss or injury ofmy kind
or nanoe whalsa.er to person, or pmpery=used by at resulting from the execution ofthe work provided for in
Nis purchase order or in connection herewith. The Seller will indemnify and hold handles are Futchasa and my
or all of the Purchn,en oflecn, agents mnd employees from and against my and all clams, losses, damages,
charges or expenses, whether direct or indirect, and wharf er a persons or property On which the Purchase may
at par or subjcu, by . of my .1, ration, mglon. omission or dGul, on the par of fie Sella, my of his
comramprs, or any of the Sellers or contractors nRccrs, agents or employees. In case my suit or other
proceedings shall be, brought against the Funfhaser. or its appears, agents or employees at my time an woman or
by mason of my aq mfion, Mains, omission or default of the Seller of my of h6 m.m . or my of as err
thew offers, agents or employers as aforesaid, the Seller hereby agrees as assume the defence thereof and to
defend the same al the Sellers awn expense, to pay my and all costs, charges, auomeys fees and other expenses.
my and all judgmrnts that may be incurred by or obtained against the Purchaser of 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 me property of she Purchaser, or said partcal in or as a result of such suits or other proceedings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his comractors shall take all safety precautions, famish and install all guard necessary for the powention of
accidents, comply with all laws and regulation with ',,am m safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations hand pursuam f .moo.
Revised 0712014