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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9103080Date: 6/1012010 Fort Collins Page Number: 1 Purchase Order Number: 9103080 ueuvery ua[e: orruau'lu Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 44,531.50 Shealy Subdivision Utility Improvements - Water 2 1LOT 44,531.50 Shealy Subdivision Utility Improvements - Water [� }� Total $89,063.00 Invoice Address: City of Fort CgQt�flnf Director of Purchasing and Risk Management City of Fort Collins This order is rtot*alid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970.221.6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax nomptiones. By statute the City of Fort 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 Statures 1973, Chapter 39-261 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, maybe trimmed to you for credit and are not m be replaced except upon receipt of women instructions from the City of Pon Collins Inspection GOODS are subject to the City offan Collins inspection on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorhed . payment on the pan of the City of Fort CollatorHowever, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection Procedures. Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St. Fort Collins, CO 80522, unless otherwise specified on this order. Ifpermssion is given to prepay freight and charge separately, the original fmghl hill errs, aceongeny invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points m various pars ofthe country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipmems arc made from greater distance. Permit, Seller shall prwurc. sellers sole war all necessary permits, certificates and Barrows required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City officer Collins hamless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. mgulations, ordinances, roles and requirements. Authorlution. All panics to this contract agrce that the rroresrnsfives are, in het, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expresslylimis weeplance m the rams and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporatreference ed herein by terms . Any additional or differ'enr tes and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipasus to amve on your promised delivery date as noted. Time s of [he usrnce. Delivery and performance must be eff red within lire tune stated on the purchase order and the documents attached hereto. No act, of the Purchasers including, without limitation, acceptance ofparial late deliveries, shall operate as awaiver ofthis provisionlathe event ofanydelay. the Purchawr shall have, h addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sellarshall not be liable ter damages. .result of delay, due to .uses not rensumbly foreseeable which are beyond its reasonable control and without its fiulmfnegligenae, such acts of God, acts of civil or military authorities, governmental priontim fires, strikes, flood, epidemics, was or dots Provided that notice of the conditions causing such delay, is given to the Purchaser within five (5) days of the time when the Seller firstreceived knowledge thereof In the event done such delay, the data ofdeliveryshallbe extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrans that all goods, articles, materials and work covered by this order will conform with applicable drawings,specifications, samples andfr other descriptions given, will be fit forthe 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 harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarrad yes The Seller shall replace, repair or make good without cost to the purchaser, any defects or faiths arising withdraw, (1) year or within such longer period of ire as maybepnewmad by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he urueasoanbly delayed), resulting from imperfect or defective work done or materials fiunished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waterway. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guaramees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may snake changes to legal terms by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchassr may make sty changes m the tume, othatbm legal terms, including additions to or deletions fromthe quantities originally ordered in the specifications or drawings, by verbal or written change order. Entry such change affects the amount due or the time of perforations s hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser rytime by wrinen m change order, terminate this agreement as to any or all portions Oft ay at angoods than not shipped subject to any equitable adjustment between the parties as to any work or nationals then in progress provided that the Purchaser thall not fie liable for any claims for entiapanedprofits on the ancompletedportion ofthe goods and/or work, for incidental or consequential damages, and thin no such adjustsnentlemade inhvorofthe Seller with respect to any goods which are the Sellers standard stock. No such temdnation shall relieve the Purchaser or the Seller of any oftheir obligations az to any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment [oust be asserted within thirty (30) days from the dare the change or automation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants mat all goods sold hummer shall have been produced, sold delvered and furnished in strict compliance with all applicable laws and regulations to which the goods wa subject The Seller shall execute and deliver such documents u may be required 10 affect or evidence compliance. All laws and regulatimes required to be hamE ra d in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless ftom all costs and damages suffered by the Purchaser as a result Of he Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transf, or convey this order, or any monies due or to become due hermader without the prior written consent of the Other party. 10. TITLE The S,IIer warrants full, clear and unrcstnctedtitle to me Purchaser for ell equipment materials, arWaerrs fiunshedm perfbmance of this aRfirmem, free and clear of any and all liens, restrictions, reservations, inewity interest encumbrances and whims of timers. Iles NONWAIVER. Failure of the Purchaser to insist ON. strict performance of the terirs and conditions hermt, hilure or delay in exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller ofany ofthe an anties or obligations ofthis purchase order and shall not be deemed a waiver ofany right ofthe purchaser to met upon strict performance hereof or any of its rights or ismedies as to any such goods, regardless Of when shipped, ,aaeived Or accepted, . to any Ddor or subsequent default hereunder, Or shall any imported or modification or rescission ofthis purchase order by the Purchaser operate as a waiver of any of the tams hereof 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogniu that in actual economic practice, overcharges resulting firm smarter violators we in fact home by the Purchaser. Theretofore, for good cause and w consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under, federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchase, pursuant to this purchase order. 1M 3. PURCHASERS PERFORMANCE Of SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates as inability or uawillhrgness to comply, the Purchaser nay 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 and its contractors ofany tierfromall liability and claims ofanynatureresultmg fin. the performance fsuch work. This,cleric shall apply even in the ever of foulr ofnr,1igea c ofth, party,,Ia.ad and shall extend to the directors, OfFarm and employe. of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser 14. PATENTS. Whenever the Seller is Inquired to use any design, device, material or process covered by letraq patent, tradenurk or copyt'ight flue Seller shall Inden rify and save harmless the Purchaser hamany and all always forinfringenem by rrason ofthe use ofsuch Formed design, device, amenal or process in connection with the comma, odd shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at anytime during the prosecution or after the completion ofthe work Incas<said equipment or any part rhereofor the interdei e of the goods, is o such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, of 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 equalbut ran -infringing equipment, ormodify it so it becomes non -infringing. 15. INSOLVENCY. Ifthe Seller shall become insolvent orbankrupl, make. assignment forthe benefit ofcreditem, appoint areeeiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I6. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all famines hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in oases where the Sellers to perfomrwork hereunder, includingthe services of Sellers Repreaearative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on saidwork at Seller's own risk unsilthe same is fully completed and accepted, andsliall, inease of my accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, conWlete the work at Sellers own expense andto the satisfaction ofthe Purchaser. Worn rraterialsaid equipment ere famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Salk under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofwmk. accumulation, includmgoccupatonal 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 the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, convactual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit pet' accident of $400,000. The Seller shell likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have barn provided. Such certificates shall specify the date when such compensation and hsurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agree that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for o this purchase order or o connection herewith. The Seller will indemnify and hold hunless the Purchaser and any or all of the Purchasers officers, agent, and maployees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, add whether to persons or property to which the Purchaser maybe put or subject by reason of my act, action, neglect, omission or default On the part of the Seller, any ofhc contractors, or any ofthe Sellers or contractors officers, agents or employee. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees an any time on account or by reason of my act, action, neglect, of ion an default of the Seller of any of his contractors or any of its or theta officers, agents or employees . aforesaid, the Seller hereby agrees to man= the defense thereofand to def dthe same at the Sellers own expense, to pay any and Oil costs, charges, anoni fees and 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 employee in such suits or other proceedings, and In case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or saidparties in or warauh ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and dischougedby givingband mothmvise. The Seller and his contractors shall take all safety precautions, furnish and install all guards ancessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010