HomeMy WebLinkAbout143797 ANDERSON CONSULTING ENGINEERS INC - PURCHASE ORDER - 9130036Fort Collins
Date: 01/14/2015
PURCHASE ORDER
Vendor: 143797
ANDERSON CONSULTING ENGINEERS INC
375 E HORSETOOTH RD BLDG #5
FORT COLLINS CO 80525
PO Number Page
9130036 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 SURVEYING SERVICES
WO #MKK-MP-2012-01
1 LOT EA
2,929.35
Moved amount unpaid to new account # on line 2, per E. Switzer. Reduced line 1 by the amount added on line 2.
plj 1/13/15
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
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
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins u exempt man state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-01502. Federal Excise Tax Exemption Certificate of RegiAry 84-6000581 is registered with the Colhcrm of
Failure id -flue Purchaser to insist upon aria performance of the terms and conditions hegar. failure or delay to
Integral Revenue, Denver, Colorado (Ref. Colorado Revised Sam.. 1973, Chapter 39-26, 114 (a).
exercise any rights in tmedies provided hertin or by law, failure to promptly notify the Seller in Ne event of a
breach, the MaTance ofor payment for goods hereunder or approval of the design, shall not mlease the Seller of
Goods Rejected. GOODS REJECTED due to failure to .,at specifications, e1tMr when shipped or due to tickets of
MY of the woman,;. or obligati.. of this purchase order and dhall nor be deemed a waiver of any right of the
damage in ought, may be rerumed in you for credit and are not to be replaced except upon exempt of written
Purchaumo insist upon vein pert aae armed or any of its rights o, remedies ses to any such goods, regaN)s
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
cold modification Or rescission of this pumhase order by the Purchma opeolm m a waiver of any of the berms
Inspection. GOODS are subject to the City (After Collins inspection on mi
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12.ASSIGNMENTOFANTITRUSI' CLAIMS.
authorized payment on the pad of the City of Fort Collins. However, it is m be understood that FINAL
Sella, and the Purchaser recognize that in actual economic practice, overcharges resulting from arnmtst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in far, home by the Purchase,. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter
Freight Terns. Shipments most be F.O.B., City of Fart Collins, 70) WOW St., Fort Collins, CO 80522, unless
acquired under federal of state antitrust laws for such overcharges returning to the particular goods or services
otherwise specified on this order. If permission is given to prep y freight and charge wpaoltely, the Minimal freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit must accompany invoice. Additional charges for Making will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Disinter. Where mam[aceurers have distributing pints in cantons pans Of the roemry, shipment is
If the purchaser directs the Seller to coreen monconforming or defective goods by a dare to W agreed upon by true
expected from the meager distribution point to deviation, and excess freight will he dedo ern from Immice when
Purchase, and the Seller, and rise Seller derringer indicates its inability of unwillingness to comply, the Purchmtt
shipments ere made (ram greater distance.
may cause the work ro be performed by the coos, expeditious means available to it, Mid rhr Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sale rant all memory, immune, legitimbist and licenses required by all
applicable laws, orgulations, cadmium and roles of the state, municipality, temmry or political subdivision where
the work is Performed, or required by any other duty constituted public authority Iavingjurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Fon Collins hornless from and against all liability and loss
incurred by them by rcmon of an assb ed at established violation of any such laws, regulations, ordinances, roles
and regnir mends.
Authorization. All parties to this comma agree that the representatives are, in fact, bona fide and possess full and
nmplete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared
herein set forth and any M,lemenury or additional terms and conditions annexed hereto or incorporated herein by
refbrence. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complee shipment to not on your
promised delivery date m noted. Time is of the essence. Delivery, and performance most he effected within the time
sugJ on the purchase order and the document attached herein. No acts of rise Pwchmers including, without
limimtion, acceptance ofpartial late deliveries, shall clause m a quiver of Otis prevision. In flue event stony delay,
the Purcham shall have, in addition to order, legal and equitable remedies, me .,it.. of plecwg this order elsewhem
and holding the Seller liable far damages. However, $e Sella, shall at be liable fa damages as a result of delays
due to causes get reasonably foreseeable which are beyond its mortgage control and without its fault of negligence,
such aces ofGW, ats oferel or military authorities, governmental practices, fees, stakes, flood, epidemic, wars or
iou provided that ,,mice of the conditions causing such delay is given an the Purchaser within five (5) days of $e
time when the Seller first received knowledge thereof. In die event of any such delay, the dare of delivery shall be
extended] for the period equal to the time actually let by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hartnim from may loss, damage or expense which the
Purchaser may suffer or incur on arc.unt of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without coil to the purchased any defects or fruits mining within one (I) year or within such longer period of
,rime as may be prncribN by law or by the tams of., applicable wamnty provided by the Seller aBer the data of
acceptance of the goods burnished hereunder (mctTeram not to be immeasurably delayed), resulting from imperfect
or defecive work done or materials fished by the S.Ilef. Acceptance or use of goods by the Parcbasef shall rat
oa age is waiver of any claim under this warany. Except ss mhemvise provided in Nis Purchase under, she Sellers
liability h,reander shall extend to all damages pmximamly mused by the breach of any of the foregoing wartmnlie,
or Macanese, but such liability shall in on event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANFABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
Tha Purchaser may make changes to legal teas by wdnen change regular.
5. CHANGES IN COMMERCIAL TERMS.
The Purchm may make any changes to the tams, other ban legal belies, including additions to or delelinns fmm
the pre ntiliesrOriginally ordered in the specifications or drawings, by verbal or written change order. If any such
change uffecls the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wduen change order, margins, his agreement . to my or all portions of the
goads then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in
progress provided that the Puuchmtt sbull ram he liable for any claims for anticipated profits an the uncompleted
Ponim of the goods liable work, for incidental or come martial damages, and that no such Wjmttnrnt be made in
favor of the Sager with respect 1. any gaud which are the Sellers sundard soak. No such mum emon shall radical,
the Purchaser or the Seller ofany of their obligations m to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for Mindanao most be asserted within thins (3B) days fern are date the change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrant that all goods sold Immunder shall have been produced, sold, delivered Mid furnished in eruct
compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute rand
deliver such document in may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreement of this churacmr are hereby incorporated herein by this reference. The Seller agrees to
indemnify, and hold the Purchaser harmlem tom all costs and damages suthered by the Purchaser as a rewdl of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ba id er, or convey this order, or My monies due or in became due hereunder without the
prior written consent ofthe of mpi
I O.TITLE.
The Sella waeaMe full, clear and contributed title to the Purch ad for all equipment, materials, and items fgnisland
in performance of this e®emroL free and clear of my and all lima, restrictions, remittances, security interest
encembract and claims ofothers,
The Sell,, shall release the Purchaser and its contractors of any tier f all liability and claims of any .lure
resulting from the performance ofsuch work.
This mime shall apply even in the event of fault of negligence of the patty released and shall extend in the
direnors, afters and employees fsuch party.
The Sellers remounted obligations, including w.—my, shall nor be deemed to be reduced, in any way, heccow
such work is performed or caused to be performed by the Purebaser.
14. PATENTS.
Whenever the Seller is rryaired to use any design, device, material or process covered by true,, patent, trademark
or copyright, the Seller shall indemnify and save homeless the purchase from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by grown of such
infringement at any time during the proscution or after rise mempletion of the work. In case mid equipment, or
any pan bhermf or the intended use of the goods, is in such suit held to comnmm infringment and Ne use of
said aluipmenf a pan is enjoined the Seiler shall, at its own expmme aW at its open., either pmcum far the
Purchaser the fight io continue using said equipment or parts gplace the same with substantially equal but
noninGaging equipment, or modify it so it Forecast noninGngwg.
15. INSOLVENCY.
If the Seller shall become insolvent or hankeept, make anal assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order nay forthwith be canceled by the
Puchmer widener liability.
16. GOVERNING LAW.
The definitions ofterms rood or the interpretation of the agreement mod the rights of all parties hereunder shall be
construed under and govemed by the laws ofthe Stole of Colorado, USA.
1'he following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Rrpresenmtive(s), oa the promises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is illy completed and accepted and shall,
in ax of any accident, destruction or injury to the work and/or materials bet Sellers Beal completion and
acceptance, complete the work at S.Ilers own expense and to the wdsfcion of the Purchaser. When materials
and equipment are fisted by others for installation or motion by the Sella, the Seller shall receive, unload.
More and handle came at the site and became responsible therefor m though such mztrai and/or equipment
wire being finehed by the Seller ceder the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for thin payment of workers comperweon, including Occupational
disease benefq an its employees employed on or in connection with the work covered by this purchase order,
andor to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited ta, contractual and automobile public
I erb; lity insurance with bodily injury end (train limits of in least $300,000 for any one person, $50I,000 for any
one occident and p,.,my damage limTh it per accident of $400,000. e Seller shall likewise require his
omrnmrs, if any, to provide for such compensation Mid in an e. Before y of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall fish the Purchaser with a certificate
that such compensation and imumnce lave been provided. Such anim es shall specify the date when such
compensation and insurance have been provided. Such canifrmes shall specify the rate when such compensation
and insurance expires. The Sella agrees that such compensation and imumuce shall be maintained until after thc
Mae work is completed and accepted.
19. PROTECTION AGAINSPACCIDEMB AND DAMAGES.
Far Seller hereby ww— the sought responsibility and liability for my and all damage, loss or injury of., kind
car alma esh rumour 1. persons or properly mused by or resulting from the ..... lion of the work provided for in
this purchase order or in collection herewith. The Seller will indemniy mod hold hornless the Purchaser cad any
or all of the Fragment afters, agents and employees fmm end against any and all claims, )me, damages,
charges or expenses, whether direct or indirsn, and whether to persons or propny to which the Purchaser may
be put or subject by grown of my act, action, neglect, omission or dafault an rate pan of the Seller, my of his
commnters, or my of the Sellers or contractors officers, agents a employees. In case any suit or .Nee
proceedings shall he brought against he Purchaser, or it officers, agents or employers a, any time an account or
by reason of any act, acting, neglect, omission or default of the Seller of any of his contractors or any of its or
their offers, agent or employees as aforesaid, the Seller hereby agrees to resume the defense thereof and to
defend the same a,the Sellers own expense, to pay any and all cast, charges, mamrys fees and .,he, expenses,
any and all judgment that may he incurred by Or obtained against the Purchaser or any of its or their officers,
agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchase,, or said parties 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 counselors shall take all safety prmmtio x, f ish and install all gturds necessary for the prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitarion, the
Occuptioal Safety and Health Act of 1970 and all roles end regulations issued pursuant therm.
Revised 07Q014