HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9142396 (3)PO
PURCHASE ORDER 914239er Page
Clf�f of PURCHASE
42396 t of z
Flirt Collins( This number must appear
!_\V`I ` V 1' on all invoices, packing
sli s and labels.
Date: 12/31/2014
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO 80525
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/31/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 CONSTRUCTION SERVICES
Rigden Reservoir -Natural Areas
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
Total
Pay terms net 30 days
Invoice Address:
8,155.33
155.33
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrill and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sorrows 1993, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped. due to defects of
damage in rmnsit, may M murn d to you for credit and are not to M replaced except upon receipt of wnnen
immations from the City of Fort Collins.
Inspection. GODDS are subject to the City of Fort Collins .oration on antral.
Final Acceptances Receipt of the merchandise, services or equipment In twouns, to this Oder can fault in
authorized Payment on the pan or the City of Fort Collins. However, it is an M understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection praducce.
Freight Terms. Shipments mast he F.O.B., City of Fort Call., 700 Wood St, Fain Collins. CO 80522, unless
otherwise specified m this order. Ifpermission is given to Prepay freight and charge separately, the original freight
bill moat accompsny invoice. Additional cmang. for Packing will tool M aceptd.
Shipment Distance. Where manufacturers have distribming points in various pans of the country, shipment is
expected fiom the nearest distribution point to destination, and excess freight will be deducted from Invoice whom
shipments are made from greater distance.
Peanuts. Sella shall procure at sellers sole cost all naessary permits, certificates and licenses required by all
applicable laws, regulations, odimaaces and toles of the state, municipality, temmry err political subdivision where
the work is performed, or required by any other duly comtimted public authority having jurisdiction ova me work
of vendor. Seller fuller agrees to hold the City of Fort Collins formless form ad against ell liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authnnvtion. All panics to this contract agree that he representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me tams, and conditions stated
herein set forth and any supplementary, or additional term mad conditions annexed hereto or incorporated herein by
reference. Any additional or different tams and conditions proposed by sells are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imm chooly If you wrmot make mmplde shipmcm to arrive on your
Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No ads or the Puahosen including, without
limitation, acceptance of pmtial late deliveries, shall operate as a waiver of this provision. In the event or any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, de Seller shall Out M liable for damage as a fault Of delays
due to causes rot moombly finesaable which art beyond in reasonable control all without in fault of negligence,
such acts of God, acts ofdvil or military, authorities, governmental prionties, Gres, strikes, flood, epidemies, wars or
riots provided that notice of the conditions causing such delay is given co the Purehaer whin. fen (5) days of ehc
time when me Sella first received knowledge thereof In the event of any such delay the date of delivery shall M
extended for the period equal to the time actually last by fusion of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
showings, specifications, samples anchor Omer descriptions given, will be fit for the purposes; intended, and
performed with the highest degree of are ad competence in accordance with accepted standards for votes, of a
similar nature. The Sella agrees to Mid the purchaser harmless from any loss, damage or expense which me
Purchases may suR or incur on account of me Sellers breach ofwamnty. The Seller shall replace, repair or make
good, without trust to the purchvseq any defecn or faults arising within one (1) year or within such longer Pend of
time as may be prescribed by law or by me tears of any applicable warranty provided by the Seller after me date of
acceptance of the goods fumishd hereanda (mreptanre not m be, unreasonably delayed), resulting from imperf ct
or defective work done m matends furmi by the Seller. Acceptance or me of goods by the Purchaser shall of
constitute a waiver of any claim under this warmmy. Except. otherwise provided in this purchase order, me Sellers
liability heremnder shall extend to all damages proximately coused by the breach of any of the foregoing womaneies
or guvantrea, but such liability shall in no went include loss ofpoofim or loss of are. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser may rake changes to legal mars by wrinern change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes to the owns, other than legal terms. including additions to or deletions from
me quantifiesodgirmlly ordered in the sposifications or drawings, by vemol m written change order. If any such
change alfecn the amount due or the time i fpaformerve heeuda, on equlmble edj.nt shall he made.
6. TERMINATIONS.
The Purchaser may al any time by wnnen change order. termimte this agreement as to any or all poniom of the
goods then fact shipped, subject to any equitable adjustment between the panics as to any work or mamdals men in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion cribs goods wri work, for incidental or consequential damages, and that no such adjustment M site in
favor of the Seller with respect to any goods which nee the Sellers standard stock. No such termination shall relieve
me Powbaser or the Seller ofany of mein obligations as to any goods delivered hereunder.
T. CLAWS FOR ADJUSTMENT.
A, claim for ndjmtmrnt muss be asxned within dirty (30) days form me date the change or mrmication is
.deed.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in short
compliance with all applicable laws and regulations m which the goods are subject. The Sella shall execute and
deliver such documents as may be required m effect or evidence compliance. All laws ad regulmions required to be
incorporated in agreements of dis character are hereby Incorpamted herein by this reference. The Seller agrees to
indemnify and Mid Ill Purchases harmless from all costs and damages suffed by the Purchaxr in a result of the
Sellers Enron, to comply with such law.
9. ASSIGNMENT.
Neither party shall nssign, transfer, or convey this order, or any mania due or to become due hereunder without the
prior written consent ofthe otherparty.
10. TITLE.
TM Seller warmnn full, clam and aruesnctd title to the Puchaser for all equipment, materials, and items famished
in perms of this agreement, flee ud clear of any and all liens, connections, reservations, secunry interest
mcumblmca and claims of others
U.NONWANER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure Or delay to
any rights or remedies provided herein or by law, failure to promptly am ry the Seller in the event of a
breach the acceptance of or payment for goods hereunder or apprm'ai oftbe design, shall aat release the Sella of
any of the watromin or Obligations Of this purchase other and shall not M deemed a waiver of any right of the
purchaser to insist upon strict perfosmance hereof. any of its rights or remedin as to any such gook, Prgadless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any purported
am[ medifncation or rescission of this purchase odes by me Purchaser operate to a waiver Of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations ure in fact home by the Purchaser. Theretofore, for good cause and as considefation fmor executing this
purchase order, me Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fdeml or state antitrust laws for such ovemhagus relating to she particular goods . services
purchased. inquired by the Purchaser pursuant. this purchase Oder.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Sella to coned nonconforming Or defectve goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller member indicates its inability or unwillingness to comply, the Purchaser
may cause the work to M performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall relax the Purchaser and its contractors of any eta from all liability and claims of any accure
resuhing Room the perfmmerrce crouch work.
This mhos shell apply as in me event of fault of negligence of the party released and shall extend to the
directors, Officers and employees ofamh parry.
The Sellas contractual obligations, including warranty, shall not be dared to M reduced, in any way, because
such work is performed to caused to M performed by me Purchaser.
14. PATENTS.
Whenever the Sella is required 1. use my design, dwia, matmal or process covered by lever, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchases from my and all claims for infringement
by reca an of the use of such patented design, device, material or process in coronation with the contract, and
shall indemnify me Purchaser for any msh expense. damage which it may be obliged to pay by Prawn of such
infringement at any time during the prosecution or after the completion of me work. in aw said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to conslimte infringement and the use of
said equipment or pan is calcined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
naninfringing equipment, or mdify it so it becomes cmnlnGtnging.
15. INSOLVENCY.
If the Sella shall become intolvmt nr bankrupt, make an assignment for the baser of creditors, appoint e
receiver or ts musfor any of the Sellers property or business, this coda may forthwith hence celd by the
Purchaser without liability.
16. GOVERNING LAW.
The defnitions of tenth used or the interpretation of the agreement and me rights of all parties hereunder shall be
comlmd under and governed by the laws ofthe Slum ofColo nda, USA.
The following Additional Conditions apply only in cans where the Sella is to perform work haeunda,
inclding me stoic. of Stiles Represenwivic s), an Om Famous ofo0mrs.
17. SELLERS RESPONSIBILITY.
The Sella shall curry, on said work at Series own risk ..,it the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work and/or materials before Sellea s final completion and
,acceptance, complete the .,it at Select, own expense and co he satisfaction of the Purchase. When materials
and equipment are famished by When for installation of erection by me Sella, tM Sella shall receive, unload.
store and handle same as the he and becotnc responsible therefor as dough such materials and/or equipment
were being fiuoished by the Sell. under Its, order.
I I. INSURANCE.
The Sella shall, at his own extreme, provide for thc poyment of wmocas compensation, inchrding cacti umnal
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of me stare in which the work is to be done. The Sella
shall also carry comprehensive general liability including, bra not limited on, eanradual and automobile public
limit ty insurance with bdily injury and death limits of at least S300,000 for any one person, $500,000 fur my
one occident and property damage limit per accident of 5400,000. The Sella shall likewise require hiss
contractors, if any. to provide for such compensation and insurance. Before any of me Sellers or his contractors
employees shall do any work upon the premises of others. the Sella shall huffish the Purchnser with a cenifiwte
that such compensation and insurance have been provided Such mrtifmtes small specify the date when such
compensation and insurance have been provided. Such certificates shall alacrity me date when such compnwtin,
and insurance expires. The Sella agrees that such compensation and insurance shall M mainmind until after the
entire work is compleed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes dre entire responsibility ad liability for any and all damage, loss or injury of any kind
or nature wJoscever to permto or pmpasy unused by or resulting Room me exevtion aftM work pmvidd for in
this purchase order or in connection herewim. The Sella will'nMemnify and Mid harmless me Purchases and any
r all of me Purchasers oMo., ago. and employers from and against any and ell claims, losses, damages,
charges or expenses, whether direct or indirect, ad wbem n 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 pan of the Sella, any of his
contractors, or any of the Sellers or contractors oRcem, agents or employes. In care my suit or other
proceedings shall be brought against the Purchaser, or its affairs, agents or employees at any time on account or
by reason of my act, action, ocglect, omission or default of the Sella of any of his commdors Or any of its or
their officers, agents or employers as aforesaid the Seller hereby agrees to assume Om defame therm( and to
defend me same at me Sellers own expense, to pay any ad all corn, charges, agameys fees and other cxpemes,
any and of judgments tom may he incurred by or obtained aliens, the Purchaser or any of its. their oMe.,
agents or employees in such suin or Omer proceedings, and in onto judgment or other lieu be Placd upon or
obtained against the Property office purchaser, or said panics in or as a result of such suits. other pmcedings,
me Sella will at on. coup, me same. M dissolved and discharged by giving bond or otherwise. Tie Sell. and
his commaors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Heald, Act of 1970 and all rules and regulations issued pursuout thereto.
Revised 012014