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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9146447 (2)Fort Collins Date: 12/31/2014 PURCHASE ORDER Vendor: 143797 ANDERSON CONSULTING ENGINEERS INC 375 E HORSETOOTH RD BLDG #5 FORT COLLINS CO 80525 PO Number Page 9146447 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 12/31/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Shields Pit Project 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@fogov.wrn 1 LOT EA 5,152.50 152.50 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 I. COMMERCIALDETAILS. Tax exemptions. Dy smtute the City airport Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with be Collector of Intermit Revenue, Deaver, Colorado (Ref. Colorado Revised Stations 1973. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to 0ilure to men specification, either whin shipped or due to deficits of damage in tranit may be retumal b you for credit and are not to be replaced except upon receipt of women instrlsctions from be City of Fon Collins. Inspection. GOODS am subject to be City of Pon Collins inspection on arrival. Final Acceptance, Receipt Of be merchandise, services or eampment in response to this order ca result in authorized payment on be pan of be City of Fart Collins. However, it is to la,understand thatFINAL ACCEPTANCE is deperWent upon completion of all applicable required inspection procedures. Freight Terms. Shipments rant be F.O.B., City, of Fort Collins, IDO Wood St., Fan Collins, CO 80522, unless otherwise specified on this order. If pmnissim is given to prepay freight and charge separately, be original freight bill must accompay invoice. Additional charges for packing will not be accepted. Shipment Distance. Whew manufacturers have distributing Points in various pans of the country, shipment is expmmd fmm the nearest distribution point to destruction, end excess freight will be deducted fmm Invoice when shipments are mnde from greater distame. Pemucs. Seller shall procure at sellers sole cost it necessary permits, certificates and he. relalned by all applicable laws, regulmimn, ordinam x and ilea of the state, municipality, territory or political mbdivisimi where the work is Pelifica or required by any other duly irradiated public authority having jurisdiction over be work of vendor. Seller further agrees to hold the City of Fort Collins handless from and against all liability and loss incurred by them by reason of an asserted or established violmon of any such laws, regulations, ordinanms, cotes andrequiremenk. Authorisation. All panic to this common agree that the representatives are, in fact, bow fide and poses, full and complete authority he bind said panin. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in Bar terms and condition stated herein set Rich and my mE lemmtay ar additional terms cola conditions amexed M1erettr or incorpontW herein by reference. Any additional ar diifrent semiarid conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on me purchase order and be locum os arched hereto. No acts of be Purchasd, including, without limitation, acceptance affect lain delivmes, shall gmsm n a waiver ofbix provision. In Ore event ormy delay, be Purchaer shall have, in nddition to ober legal and tytitable remedies, be option of placing this order elsewhere and holding be Seller liable for damages. However, be Seller shall act be liable for damages as a result of delays due to causes not reasonably Ibreseruble which arc beyond its reasonable control and without its fault of negligence, such no of God, act oFciAl or military authorities, governmental priorities, fires, strikes, flood, epidemics, wors or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when Ode Seller first received knowledge therm l In the event of any such delay, be date of delivery shall he extra d fun the period equal to be time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants Out all goads, aniclns, materials snd work covered by this order will ..form with applicable drawings, specifications, samples Indoor other descriptions given, will W fit for be prytxxs intended, and radiational with the highest degree of care and competence in accordance with accepted standards fun work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the purchaser may suff or incur on account of be Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to be purchasers any defers or fault arising within one (1) year or within such longer period of time as may be Prescribed by law or by be terms of my applicable wasmnty provided by the Seller after the date of somptmce of be goods (finished beremdtt (acceptance not to be unseasonably delayed), resulting fmm imperfect or defective work done or wlerials famished by be Seller. Acceptance in rise of goods by the Purchaser shall not candidate a waiver of any claim under this warranty. Except as otherwise previded in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by me breach of any of the foregoing wamantia or guarantees, but such liability shall in no event include loss of profits 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 to legal terms by wring change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the mow, other ban legal terms, including additions to or deletion fmm the gmnmities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affect the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser bay In any time by written change order, terminate this agreewnt as I. any or all portions of that goods then trot shipped, subject to my equitable sdjumaeat between the pries as to any work or wtarialx then in progress provided that the Pmclasn shall nor be liable for my claims for anticipated profs on the uncompleted portion of be goods scroll work, for incidental at consequential damages, and that an such adjustment be wde in favor of ere Seller with respect to any goods which arc me Sellers standard stock. No such termirmtmar shall relieve be Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adju mment most be asserted within thirty (30) days from be date the change or monarchism is ordered- S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, mid, delivered and burnished in strict compliance with all applicable laws and rrif lamina m which the goods are subject The Seller shall execute and deliver such documents in may be occurred to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this dramatic are hereby inc.rpaumd herein by this reference. The Sellm agrees to indemnify end hold me Purchaser handless from all cosy and damages suffered by be Purchaser as a result of be Sellers fail. to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tramier, err convey this order, or my monies due or to become due hereunder without the prim written consent of be other pray. 10, TITLE. The Seller warrants full, clear and umestriend title m be Purchaser for all aspirated, materials, coot items furnished in peRoman a of this agreement, her and clear of my and all lien, restriction, reservation, security interest encumbrances and claims ofobers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the taros snd conditions hereof, failure or delay in xy rights or remedies provided brain or by law, failure to promptly notify the Seller in the event of a breach, my acceptance ofor payment for goods hereunder or approval ofthe design, shall act release the Seller of any of the warantyt. m obligator of this promiee order aed shall at be deemed a waiver of any right of the purchaser he rotor upon s mat Performamx hereof or any of its rights or remeties ss to any such goods, regardless of when shipped, received or accepted, in many prior or subscqueat default hereunder, not shall any purposed oral modification or mcission of this purchase order by be Purchaser operate as a waiver of my of be terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller had the Purchaser recognize but in actual ecomarric prectice, overcharges resulting fora mtitrnt violations art in fact brain by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, be Seller hereby assign to be Purchaser any and all claims it may now have or broacher acquired under federal car state mtimind laws for with ovemhor cs relating to be particular goads or services purchased or acquired by be Purchase, pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nummofmming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and me Seiler thereafter indicates its inability or wwillingness to comply, be Purchaser may cause the ..,it to be perfmmed by be most expeditious maan available m it, and be Sella shall Pay all costs associated with such work. The Seller shall fi lean the Parchasn and its .nmnrors of my tier from all liability and claims of any arum resulting from the performance of such work. This release shall apply even in me went of fault of negligence of the parry released and shall extend in the directors, off m and employees c rsach party. The Sellers comment obligations, including wamenry, shall rot b, dinned to be reduced, in any way, because such work is performed in mused so be Performed by be Pmchner. IC PATENTS. Whenever the Seller is required to use any design, device, material in pmcess.vered by Inver, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device material or process in connection with be contract, and shall indemnify be Purchaser for any curt, expense or damage which it may be obliged to pay by reason orsmh infringement at any time during the prosecution or after the completion of be work. In case said equipment, or any pan therof or the intended use of be goods, is in such suit hold m comfimm infringement and be use of said equipment or pan is enjoined, be Sella shall, at its own expense and m its option, either procure fun the Purehaser tln right to combine using mid equipment or parts, replace the same with substantially Is ael but mandating equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If be Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a receiver or trustee for any of be Sellers property in business, this order may forthwith be canceled by be Parmhasn without liability. 16. GOVERNING LAW. The definitions off. most m bn imerpoeutirn ofthe agreement and the rights of all paaina hereunder atoll be command under and governed by be laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in ruseswhere the Seller is to perform work hereundeq including the services of Sellers Representative(s), no be prnnisns ofmhers. 17. SELLERS RESPONSIBILITY. The Seller slut[ airy on said work at Sellers own, risk until be same is rally completed and accepted, avd shall, rase .f my accident, deshucturt or injury to be work maD., command, before Sellers owl completion aed mceptana, complete be work at Sellers own expense coot to be satisfaction of the Purchaser. Whrn materials and equipment arc launched by others for installation or attention by the Seller. the Seiler shall reserve, unload, store and handle same at be site and become responsible therefor in though such materials harbor equipment win being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for be paymrnt of workers compensation, including occupdonal disease benefits, to is employees employed an or in connection with the work covered by this pmchax order, indoor to $air depeMmts in accordance with be laws of the state in which die work is to be duce. The Seller shall also carry comprehensive general liability including, but not limited m, contuctml and automobile public liability insurance win wily injury and dews limits trust lean E1ID,000 for my one person, SMat" for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, it tiny, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work mom be premlms of ohm, the Selltt shall boards be Purchaser with a certificate that such compensation and imurenee have been provided. Such anihara Shall specify the date wM1en such convolneconation and ino ace have been provided. Such certificates shall specify be date when such compensation and insurance expires. The Seller agrees Oil such ofirpenciation and itswrmce shUl be maintained it char be more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msuma the entire responsibility and liability for any and all damage, loss or injury ofany kind or name, whatsoever m persons or property caused by or rosulting from be exeation ofthe work provided for in this purchase order or in commit... therewith. The Seller will indemnify and hold formless me Pumhnn and any or all of the Purchasers ofiicars, agents and employees from and against any anal all claims, lasses, damages, dw,g or expenses, whether direct or induced, aM whether to persam or property to which the Purchaser may be par or subject by ream. of any act..60n, neglect, omission or defaall m the pan of be Seller, my of Into comanors, or my of be Sellers or discussions officers, agents or employers. In case my suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at my more on account or by reason of any cot, action, neglect, omission or default of the Seller of any of his cantmcmrs or my of is or their Officers, agents or employees as aforesaid, be Seller hereby agrees to assume the defense thereof and to defend the same in the Sellers own experts, in pay any and all toss, charges, attorneys fees and offer expnses, my end all judgmms that may be incurred by or obtained against the Purchaser or my of is m rhea officers, agent or employers In such suits or other proceedings, coot in case judgment or ober rim be placed upon or obtained against be property ofbc Parthaur, or said parties in or as a mart of such suits in other proceedings, be Seller will in once came be same to he dissolved and discharged by giving bond or otherwise. The Seller snd his contractors shall take all safety precautions, famish and install all grounds necessary for be prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 0MG14