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HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9146715 (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 9146715 1ef2 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 z Port of Entry 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@fcgov.com 1 LOT EA 15,948.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smtud the City of Fort Collins is exempt from stoic and local taxes. Our Exemption Number is I L NON WAIVER. 98-01502. Federal Excise Tax Exemption Cenlficahe of Registry 84"6NO587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Interim[ Revenue, Deaver, Colorado (Ref. Colorado Revised Studies 1973, Chapter 39-26, 114 (a). exercise arty rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for gook hereadef or approval oftbe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the warrmhim or obligations of this purchase miler and shall and be deemed a waiver of my right of be damage in vancit, may he returned to you for credit and are Our to be replaced except upon receipt of worm purchaser in insist upon strict pert hereof., my of its rights or rrmedies as to any such goods, regmdless instructions f the City of Fen Collins. of when shipped, received or wovlacd, as to my prior or subsequent default heremdef, can shall my puryorted am[ modification or rescission of this purcbau order by the Purchase, operate as, a waiver of my of the recess Inspection. GOODS are subject to the City of Too Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment ern the part of the City of Fort Collins. Hmeaveq it is to be understood But FINAL Seller and the Purchaser recogrnlae that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon rompletion of all applicable required iupatioo procedures. siolatiom are in fact home by the Purchaser. Thereat , for good cave and as Consideration for executing this purcluse order, the Sella hereby assigns to the Purchaser any and all claims it may now have m lareafier Freight Terns. Shipments most be F.O.B., City of Fart Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired miler federal or sure ansinust laws for such overenarge, relating d the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase ruder. bill env,..van, invoice. Additional shams fur mekine will not be accented. Shipment Distance. Where manufacture, have distributing paints in various pans of the country, shipment is expected from the narest distribution point to destination, and excess freight will be deducted from Invoice when shipments me made from poster distance. Pemrits. Seller shall procure at sellers sole cant all necessary pemris, cafficata and licenses raluired by all applicable laws, refractories, ondwnees and ruler of the state, municipahry, temdry or political subdivision where the work is performed, or required by any other duly Coutimted public authority basing jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all Ind,duy and loss tarred by them by reason of an asserted or established violation of any such laws, regulations, codlname,, rules ..it rscumencia.. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iflhe Purchaser direck the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchua and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the teas, expeditious means available to it, and the Seller shall pay all cuss, acsacimed with such work. The Sell. shall releao the Purchaser and its fa ndecors of my tia from all liability and claims of any nature mulling from the performance ofsuch work. This ,]case shall apply even in the event of fact, of negligence of the party released and shall extend is, the direcmrs, mice, and employees of such party. Authorization. All parties to this contract agree that the ramesentatives me. in fact, bona fide and passes full and The Selle s contractual obligations, including warranty, shall not be deemed W be reduced, in any way, because complete authority to bind said parries. such work it performed or caused d be performed by the, Pe chzs.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and Conditions stated herein sa fond and any supplementary m additional tams and Conditions mmexed bered or incorporated berein by ref ace. Any additional or different terms and conditions pmpos d by seller are objected to and herebyrejectd. 14. PATENTS, Whenever the Sella is required to use any design, device, material or process Coored by later, patent, bademark or copyright the Sella shall indemnify and save harmless the Purchaser from my and all claims for inGngement 2. DELIVERY. by reason of the use of such patented design, device, material at process in Correction with the contract and PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your shall indemnify the Pumhaer for any cost, expenu or damage which it may be obliged to pay by reason ofsuch promised delivery data as noted. Time is of the essence. Delivery and performance most be effected within the time infringement at any time during the prosecution or after the completion of the work. In case said equipment, or sutM on the purchase Coder and the documents attached hereto. No acts of the purchasers including, without any pan thereof or the intended use of the gaud, is in such suit held to constitute infringement and the use of Radiation, acceptance of partial late deliveries, shall operate as a waiver fthis provision. In the event ofmy delay, said equipment or purr is enjoined, Ne Sella shall, at its awn a.,. and in its option, either prate for the Ne Purchaser shall have, in addition m older legal and equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bur wand holding the Seller liable for damages. However, the Seiler shall rat be liable fur damages as a mach of delays noninffinging equipment, or modify it so it becomes noninfringing. due to ruses not measurably Electable which are beyond its reasonable mewl and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, Fees, mikes, flood, epidemics, wars or hots provided that notice of the Conditions caving such delay is given to the Purchaser within five (5) days of the 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft of creditors, appoint a time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be receiver or trmtee for my of the Sellers progeny or business, this under may forthwith be canceled by the extended for its, pamd equal to the time radally lost by ream, of the delay. Palencia without liability. 3. WARRANTY. The Sella warrants that all goods, articles, tmtermh and work covered by this order will Confomr wild applicable drawings, specifications, amply ,War mher descriptions given, will be fit far Oe purposes intender end pert ed with the highest degree of care and competence in accordmce with accepted stvbards for work of a similar ,mute. The Seller agrees m hold he purchaser harmless from my loss, damage or expenu which the Purchaur may suffer or incur on mcount of the Sellers beach of warranry. The Sella shall replace, repair or make good, without cost to the purchase, any defecu or fouls arising within one (1) year or within such longer period of time as may be prescribed by law or by the hems of any applicable warmnry provided by the Seiler after, the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or ch fn ive walk dame o, newriak Remained by the Seller. Acceptance m use of good by the Purchaser shall Ou, Constitute is waive ofully claim order Nis warranty. Esecpt as otherwise Rankled m this purchase order, the Sellers liabiliry h.emodicar shall extend to all damages comma, tety caused by the breach of my of the foregoing waraceria or guarantees, but such liability shall in no event include ks ofprofits or loss of tse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasar may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, Other Own legal Oran. imhming ndditimu to or deletions tram rise gnmldia onginally ordered in the sp.ificariom or dawings, by verbal or written change made. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Pureh a shall rat be liable for my claims for anticipated profits an the uncompleted Portion of the goods andsor work, for incidental m comoquentul damages, and that no such samurai he made in favor of the Sell. with respect to any goods which are the Sell. standard imeL No such rermirution shall relieve the Pmchaswn or the Seller.fany oftheir obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmants dui all goods sold hereunder said have been produced, sold, delivered and famished in strict Compliance with all applicable laws and regulations to which due goad are subject. The Sella shall execute and deliver such docmnens u maybe equired to effect at cvidcn« Compliance. Au lawn and eigulotions required m be ncaryom ed in agreements of this character are hereby incorporated herein by Nis reference. The Sella agrees to indemnify and hold the Purchaser harmless from all ass and damages sulTeaed by fle Purchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mnsfer, of convey this order, or my monies due or to become due hereunder without the prior written consent oftbe other Party. 10. TITLE. The Seller warrants full, clear and amestaicted title on the pmchuar for all equipment, materials, and items fumishcd in perfmmeme of his agreement to. and clear of any and all lieu, restated., resesvmions, s.udry interest encumbrances and claims of odors. 16. GOVERNING LAW. The defw"tians oftems used or the Compression ofthe agreement and rise rights,fall parties hereunder snail be Conswed under and governed by the lass ofde Sure of Colorado. USA. The following Additional Conditions apply only in Cases where the Sella is in perform work hercmda, including lde series of Sellers Represenmtive(s), on Ne premiars ofothers. 19. SELLERS RESPONSIBILITY. The Sella shall carry an said work at Seller's awn risk until the same is fully Completed and accepted, and shall, in ere of my accident dawction or injury to the work mNm mrtaiak before Selle's final completion and raapunce, Complrte the work at Sellers own expense uW to the satisfaction of the Purcnaser. Wbev remmak and raimpment ere fumkhud by arbees for instillation or erection by the Sell., the Sell. shell receive, unload state and handle same at the site and become responsible therefor m though such materials cad/or eqtupmmh were being finished by Ne Sella maker the order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupation] disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to Heir deperulenls in acrordmce with the sacs of the state in which the work k to be done. The Seller shall also Carty comprehensive general liability includina, but not limited to, conmcdal sb automobile public liability insurance wild bodily injury and dad limits of. least 5300,000 for my rare person, 5500,IX0, for any one mridad and property damage limit per accident of 5400,000. The Sella shall likewise squire his commercial, if my, to provide for such Compensation and imntmce. Before any of the Sellers or his contractms employees shall do any work upon the premiss of others, the Sella shall famish the Purchaser with a Certificate that such compensation and insurance have been provided. Such ter ificatex shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such cringemation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after me entire work is completed and coceptrd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assum. the enthe respmsibiloy and liability far my and all damage, 1. or injury of any kind or nature whmso as to persons or property caused by or resulting from the execution ofth<work provided fm in this purchase Order or in connection herewith. The Sella will indemnify and hold harmless the Particular and any r all Of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the purchaser may he put or subject by reach of my rat action, neglect omission or default an the pan of Our Sella, may of his co osecoms, m my of the Sellers m contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Pumhuer, or its officers, agents or employees or my time on moment or by reason of my act ration, neglect, omission or default of the Seller of my of his c.nwctors or my of is or Neu officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense Hereof and to defend the same at the Sellers own expense, to pay any and all cost, Charges, momeys fs sral other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lira be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such units or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving hand or otherwise. The Sella and his conmmaors shall take all safety precautions, flamisn and imull .II guard necessary for dw prtvmfion of accidents, complY with all laws rail regulmiom with regard to vkey including, but cidam, limiutioq the Occupatioal Safety and Health Act of 1970 and all rules and regulations issued paramount Cracks Revised 07R014