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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9112091PURCHASE ORDER PO Number Page City of PURCHASE 9112091 ' of ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 04113/2011 Vendor: 150670 STANTEC CONSULTING SERVICES INC 2950 E HARMONY RD, SUITE 290 FORT COLLINS Colorado 80528 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/13/2011 Buyer: OPAL DICK Note Line Description Quantity UOM Unit Price Extended Ordered Price Update Fort Collins Std 1 LOT EA 14,504.00 Construction Specifications 2 Update Fort Collins Std 1 LOT EA 23,070.00 Construction Specifications 3 Update Fort Collins Std 1 LOT Construction Specifications EA 19,310.00 Total $56,884.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, For( Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-W502. Federal Excise Tax Exemption Cenifieam of Registry 94-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-20, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either When shipped or due to defects of damage in transit may be renamed to ,you for credit and arc not to be replaced except upon receipt Of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure Of the Purchaser to insist upon strict pvfnmrnnec of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of ,any of the w:rrramies or obligations of this purchase Order and shall not be deemed a waiver of nny right of the Purchaser to insist upon strict performance hereof Or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, no,to any prim or subsequent default hereunder, not shall any purported oral malifieatica or rescission of this purchase order by the Purchaser ONTiav as a wuivcr of nny of the terms hereof. Final Acceptance Receipt of the merchandise, services or equipment in msponac to this Omer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as considcmtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the Panieular goods Or scrviees otherwise specified on this order. If pcmtission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to Ibis purchase order. bill must accompany invoice. Additional charges for packing will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance RTere manufacturer% have distributing point% in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed main by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice When Purchaser and the Seller,and the Seller IltoreaOer indicates its inability or unwillingness to comply, the Purchaser shipments arc made From greater distance. may cause the work to be perforated by the most expeditions means available to it and the Seller shall pay all rusts assecimcd with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable Tans, regulations, ordinances and odes of the state, municipality, territory Or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Aulhorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expmssly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional teens and conditions annexed hence or incorporated herein by reference. Any additional or different terms and conditions proposed by sellerarc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Premised delivery date as noted. Time is of the essence. Delivery and perfamanct, must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late del iverics, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option nfpl.cing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nut be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable eontml and without its fault of negligence. such acts of God acts of civil or military authorities, govemmcntal priori tics. fines. strikes, flood, epidemics, mars or dots provided that notice of the conditions caving such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thcrmf. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by ,hi, order will conferral with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold ,he purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account Of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the toms ofany applicable wamnty provided by the Seller aRcr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crane claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the broach of any of the foregoing warranties or guamntces, but such liability shall in no event include loss ofpmfits or loss of usc. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms. other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change nwler. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. NO such tcmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or tere ination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all grads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Ian's and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may he required to effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlesx form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies duc or to become due hereunder withoul the prior wrrium consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Set let shall release the Purchaser and its contractors of any her form all liability and ela in,s of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers and employees of such party. The Sellers contractual obligations. including wamnty, shall not be deemed to be reduced, in any way. because such work is perfomed or caused to be performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use nny design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claim% far 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, cxpcnsc or damage which it may he obliged to pry by reason ofsoeh infringement at any time during the persecution Or alter the completion of the work. In case said equipment, or any par, thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or ran is cnjmacd, the Seller shall, at its own cxpcnsc and it its option, either procure for the Purchnscr the right to continue using mid equipment or pans, replace the same with substantially equal but nominfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall bcoone insolvent or bankrupt make an assignment for the bandit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition., of toms used or the interpretation of the agreement and the rights ofall parties her ender shall be contained under and governed by the laws nfthc State of Cnlonde, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representalivc(s), on the promises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the saute is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final enmpletion and acceptance, complete the work at Seller's men expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for imudlmine or erection by the Seller. the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Scllcr under,hc Omer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of ecrkce, eompevrtion, including Occupational disease hensrits, to its employees employed on or in connection with the work covered! by this purchase order. and/or to their dependents in accordance with it,, laws ref the into in which the work is to he done. 'fire Seller shall also carry comprehensive grarml Iinbility including, but not limited to. contractual and automobile public liability insurnnec with bodily injury and death limits of ut Ions, S300.000 for any one person, 5500.000 for any one accident and property damage limit per accident of S400,0100. The Seller shall 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 ,he premises of others, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when .such compensation and insurance expires. The Seller agrees 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 as noes the entire responsibility mad liability foray and all damage. Ins, of injury Ofany kind or nature wha%ocvcr to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection bcrmvith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchasers Officers, agents and employees from and against any and all slain, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to w hich ,hc Purchnscr may be put or subject by reason of any act, action, neglect, omission or default on the pan of (lie Seller, any of his contractors, or any of ,he. Sellers or contractors affects, agents or m1PIOyee5. In case any suit or other pmcccdings shill be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action. neglect emission or default of the Seller array of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the lime at the Sellers own expense, to par any and all cow, is. charges. attorneys 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 employees in such suits or other pmcccdings, and in case judgment or Other lien he placed upon or obtained against the property of the Purchaser. or said parties in or as a result of such suits or other pmcccdings, the Seller will at once muse thematic to be dissolved and discharged by giving bond or mhci vise. The Seller and his contmcers shall take all safety precaulions, famish and install all guards necessary for the prevention of accidents ennrrly with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all Hiles and regulations issued parmam ,herein. Revised 03/2010