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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9122196City of ;,.ort Collins PURCHASE ORDER PO Number Page 9122196 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04/17/2012 Vendor: 150670 Ship To: WATER UTILITIES STANTEC CONSULTING SERVICES INC CITY OF FORT COLLINS 2950 E HARMONY RD, SUITE 290 700 WOOD ST FORT COLLINS Colorado 80528 FORT COLLINS Colorado 80521 Delivery Date: 04/16/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Poudre Pipeline 24" Rehab. 1 LOT EA 44,747.00 Assessment Phase - W.O. Total $44,747.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax cxcmpions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Noinher is 11. NOMVAI VCR. 9904502. Federal E rise Tax Exemption Certificate of Registry M-W)0557 is registered! with the Collector of Failure of the Purchaer to insist upon strict performance ofthe temxs and conditions hereof. failmrc or dclav to Internal Revenue, Denver Colorado (Ref Colorado Revised Statues 1973. Chapter 39-26. 114(a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the event of n breach, the acceptance of or payment for goods hucander or approval of the design, shall not release the Scllcr of Goods Rejceted. GOODS REJECTED due to failure to meet specifications, either when shipped or (]tic to defects of any of the wmmntics or obligations of this purchase ostler and shall not be divined a waiver of any right of the dinnige in transit, my be returned to you for crolit and arc not to be replaced except upon receipt of written purchaser to insist upon strict per rionance hercofor any of it rights or remedies as to any such goods. regardless instructions from the City of F.n Collins. of when shipped. received or accepted, as to any prior or soli equent default hereunder. nor shn11 any Imported onl modification or rescission of this purchase order by the PureMmr oprntc as a waiver of any of the tens Inspection. GOODS are subject to the City of Furt Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. serviecs or equiptocat in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. nuthonzcd payment on the pan of the Citv of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser rcawgnizc that in wtml economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pnxedurcc violations are in fact home by the Purchaser. Theretnforc. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it mnv now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fan Collins, CO 80522. mnlecs acWirvd mukr federal or state antitrust laws for such overcharges relating to the pinici lu grad or services othmvise specified on this order. If permission is given to prepay freight and charge separately, the original freight punhisM or acquired by the Purchaser pursuam to this purchase order. bill mist accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to mores( nommnfouning or defective gads bya date to bengrcN upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sallee and the Seller thercafer indicates its inability or umvillingness to comply, the Purchaser shipments arc made than greater distance nay cnnse the work to be pefsmied by the meat expeditious oceans available to it, and the Seiler shall pay all costs associmed with such work. Pcmlt. Seller shall prurc at sellers sole cost all necessary permits, certificate, and licenses oxfoind by all applicable laws. regulations. ordinances and rules of the site. municipality, territory or political subdivision where the work is perforated, or required by nny other duly consninned public authority having jurisdiction over the work of vondm. Seller further agrees m hold the City of Fact Collins hmaIcss from and against all linbility and loss incurred by them by reason of an asserted or established violation of any such laws, rcymlations, ordinances, odes and requirements. Authnrim ien. All pries to this contract agree Char the representatives arc, in fact. Mora fide and possess fill and complete awhorftw to bind said pnics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terw and conditions stated Coded set forth and any s. pplcnrentnry or additional terms and conditions mnrned hereto or incorporated herein by rcfemace. Any additional or different teats and conditions proposed by Scllcr am obj¢ted to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnedialely if you cannot nuke complete shipment to arrive no your promised delivery date as noted. Tints is of the acne. Delivery and perfmmtma must be effcdcd within the linmc stood on the purchase order and the dmrnxats attached hereto. No act of the Purchasers including, within limitation, acceptance of partial late deliveries, shall opcnte as a waiver ufthis pmvisim. In the event affirm delay, the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofplacing this order elsewhere .and holding the Seller liable for dnmiges. However, the Seller shall not he liable for damages as a result of delays due to causes ram rcasoindiN foresceable which arc beyond it reasonable control and without it fault ofacgligence, such acts of Card acts of civil or culinary authomics, governmental priorities. fires. strikes, oast!, epidemics, wars or rims provided that notice ofthe conditions causing such delay is given to the Purchaser within far (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay. the date of delivery shall he extended for the period equal to the into actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all gook. indices- materials and woe( covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the purposes intended and performd with the highest degree of care and compefence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from env loss. damage or expense which the purchaser cony softer or incur on acamat ofthe Sellers bench ofwarranty. TTc Scllcr shall replace. repair or rake good without cost to the purchaso, any defects err faults arising within one (1) year or within such longer period of time as new be prescribed by Iry or by the loxes of any applicable wmmaty provided by the Seller after the date of acceptance of the goodmis fuhcd hereunder (acceptance not to be unreasonably delayed), resulting Form imperlbct or defective wvork done or nntcoak Famished by the Seller. Acceptance or use of gaols by the Purchaser slid] not constitute a waiver ofany claim under this wamany. Except as othcmise provided in this pumhasa order, the Sellers liability hereunder shall extend to all damages pmxintatrly caused by the branch ofany ofthe fir,going wwmnfics or guarantees. but such liability shall in no event include loss of pmfts ar loss ofuxe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser my nuke changes to legal terms by written change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal term, meleding additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the tine of per(ionurance hereunder. an equitable adjusbnenr shall nemade. 6. TERMINATIONS. The Purchaser may at any time by written change order. tcontinue this agreement as to any or NI ponions, of the good than urn shipped subject to any apriuble odjustoxmt between the panics as to any work or matcrink then in progress provided that the Purchaser shall not he liable fa any claims for anticipated prfit no the uncompleted portion of the good and/or work. for incidental or consequential ddmnbxs, and that no such ndjustrrcnt be ounce in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall ml ioc the Purchoscr or the Seller of any of their old igations ors to tiny good del i vered hereunder. 7_ CLAIMS FOR ADJUSTMENT. Any claim for adjustnent must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE ITT H LAI'. The Seller wamnts that all goads sold hereunder shall have been produced, sold delivered and fumishcd in Suitt compliance with all applicable laws and regulations to which the galls are subject. The Seller shall execute and deliver such documents ns may he required to effect or evidenec eamplimmec. All laws find rcbmlations required to be incorporated in agreeramrs of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumh iser Intrudes, fmm all costs and damages suffered by the Purchaser is 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 due or to become doe hereunder wilhmn the poor winter, consent of the other party. 10. TITLE. The Sellerwmmnt full, clearand unrestricted title to the Purchaser feral! equipment. materials and items furnished in pnfamina of this afneencnt, fat and clear of env and all liens, restrictions, reservations, security interest encumbrances and claim of others. Thc Seller shall release the Nmhaser and its contractors of any tin fmm all liability and elzint of any nature resulting fmm the performance ofswch work. This release shall apply oven in the event of fault of negligence of the parry r,lcassd And shall extend to the directors, offices and employees of such party. Thc Seller's contactual obligations, including warranty. shall not M dented to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. %Vhcnmcr the Seller is rcgnimd to ow nny dsign, device. material or pmccss covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamticss the Purchaser from nny and all rhinas for infringement by reason of the use of such patented design, device, muteriel or pmccss in connection with the canmet, and shall indcn nify the Pomhaser for any cost. expense or dmungc which it any be obliged to pay by reason of such infringement at any time during the prosecution or aficr the completion ofthe work. In case said equipment, or any pin thereof or the intended use of the good. is in such suit held to constitute infringement and the use of said equipment or port is enjoined, the Seller shall, at its own espouse and at its option. either porcure for the Purchaser the right to continue using said equipment or pans, replace the same uith substantially equal but nnninfringing equipment, or modify it so it heeonmcs nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or b cknin. make on ac ignneat for the bcncilt of creditors. uppoint a drainer or tmstec for any of the Sellers property or business, this order may forthwith M canceled by the Purchaser without liabiliy. 16. GOVERNING LAW. The definitions oftcroo used or the interpretation of the agreement and the rights ofnll panic hereunder shall M coommed under and governed by the laws ofthe State of Colomdo, USA. Thc following Additional Conditions apply only in cases where the Seller is to perfrmit work hereunder. including the services of Sellers Repr,scntative(s), on the premises of othrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry no said av dk at Scllcrs own risk until the saner is fully completed and accepted, and shall, in case of any accident, dedrection or injury to the work and/or mxtedfils bcom, Scllcefinal completion and acceptance complete the wort: at Sellers own expense and to the satisfaction of the PurcMser. When materials and oquipment arc fumishcd by others for installation or cation by the Seller. the Sella shall receive, unload, store and hand], same at the site and become responsible therefor as though such mntrinls and/or equipment were being famished by the Seller under the order. IS. INSURANCE Thc Scllcr shall, rat his own expense. provide for the payment of workers compensation, inctuding o,cupational disease benefits. to it cniployas cmploved on or in connection with the work covered by this purchase od,t and/or m their dependent in accordance with the laws of the state in which the work is to M done. Thc Scllcr shall nlm carry comprehensive gcncml liability including, but not limited to, con". coral and mnorohile public liability insurantt with bMily injury and lath limits of at Icast 5300.0710 fur env one print, $500.000 far nny one accident and popery denmage limir per accident of S400.000. The Seiler shalt likewise require his contractors, if mnv, to provide for such contpeconion and insurance. Before any of the Scllcrs or his contnetors employees shall do any work upm the pueni,es ofodies. the Scllcr shall furnish the Pnrchascr with a certilicem that such conmpcnmation and insurance have been provided. Such certificates shall spccifv the (late whim such compensation and insurance have been provided. Such certificates shall specify the date when such oampcmsotion and insurance expires. The Seller agrees that such ommpensmiom abd insurance shall be mainnim d until after the entire work is completed sad accepted. 19. PROTECTION AGAINSTACCIDEN"TS AND DAMAGES. Thc Seller herebyassunms the entire resp asibiliry and liability for anyandall damage, loss or i njury ofany kind Or nature whatsoever to persons or property cmrscd by or resulting fmm the execution ofthe work provided far in this purehasc order or in connection herewith. The Seller will indemnify find hold homdess the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims losses dom ges, charges or expenses. whether dirt or indict, and whether to persnns or property to which the Perchamr may be put or sobject by reason of nny act, action, neglect omission or default on the part ofthe Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he hmught against the Purchaser, or its ofbecrs, agents or antployces at any into on account or by reason of cony act, action, neglect, nnoission or default of the Seller ofany of his contractors .,,any of it or their officers, agent or ctnployoa as aforesaid. the Seller hereby agars to assunoc the defense thereof and to defend the some at the Sellers mum expense. to pay nny rand all costs, charges, nttomeys fees and other expenses. any and all judgments that ntay be incurred by or obtained against the N rcheoer or any of its or their off ccm agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or ohtained against the property ofnhc Purchaser, or said panics in nr os n msadt ofsech suits or other pmceeings, the Seller will rat once emtc the sane to be dissolved and discharged by giving bond or ohms is, The Scllcr and his contractors shall take all safety precautions Ihmish and install fill guards necessary for (lie prevention of ,accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant themto. Revised 03/2010