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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9122233PURCHASE ORDER PO Number Page City of PURCHASE 9122233 ' of z `t Colons This number must appear on all invoices, packing slips and labels. Date: 04118/2012 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: 04/18/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 CONSULTING SERVICES 1 LOT LS 32,813.00 CATHODIC PROT PH 3 2 CONSULTING SERVICES 1 LOT LS 44,586.00 CATHODIC PROT PH 3 3 CONSTRUCTION SERVICES 1 LOT LS 34,500.00 CATHODIC PROT PH 3 Total $111,899.00 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 Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort 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 Purchasc Ordcr Tunis and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions By station, the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 95-M502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchasc, to insist Orion strict performance of the terms and conditions hereof, failure Or delay to Internal Roenuc, Denver Crlc mdo (Ref Colorado Revised Statutes 1973. Chapter 39-26. 1141a). exercise any rights or remedies pmvided herein or by lair, failure to promptly notify the Seller in the sent Of a breach. the acceptance of or payment fat goods hcrcunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped Or due to defects of any of the wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt Of wrincn parch.... to insist upon strict performanec hercofor any of its rights Or remcdics as m any such goods, regardless instructions from the City affair Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or neseission of this purchase order by the Purchaser operate as a waiver of any ol'the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. ,authorized payment on the pan of the City of Fort Collins. Hmscree it is to he understood that FINAL Seller and the Purchaser recognize that in nano] economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have nr hereafter Freight Terns. Shipments must be P.O.H., City of Fort Collins, 700 Wood St., Fort Collins, CO 50522, unless acquired under federal or shVc maitnot laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and ehurge scriaratcly, the original freight purchased or arquired by the Porchnscr pursuant to this muchnse order. bill must accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnnufocmrcrs have distributing points in various parts of the country, shipment is Hthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected four the nearest distribution point to destination. and excess freight will be deducted from Invoice when Porchnscr and the Scllcr, nail the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most expeditious means available to it. and the Scllcr shill pay all costs associmed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regul.liona, ordinances and rules of the state. municipality, territory or political subdivision where the work is perforated, or r,quircd by any other duly constituted public authority having jurisdiction over the work of v.do,. Seller further agrees to hold the City of Fort Collins harmless franc and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinances, rules and rcquircmcnts, Authnrintion. All ponies to this contract agree that the n prescrionivcs are, in fact, bona file and possess fill and mmplac authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the Isms and conditions stated herein set forth and any supplemenury or additional terms and conditions annexed hereto or incorpnraed herein by reference Any additional ordiffcrcnt terms and conditions proposed by seller am objected to and hereby rejected. 2. DELI VERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is niche essence. Delivery and performance must be effected within the time stated 01 the Purchase order and the documents attached hereto. No acts of the Purchasers inchaling, without limitation, acceptance of partial late deliveries, .shall operate as a wmivcr of this provision. In the event of any delay. the Purcl a er shall have. in addition to other legal and equitable remedies. die option of Placing this order elsewhere and holding the Seller liable for dmmagcs. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its Link of negligence. such acts of Gnd, acts of civil or military outhoritics, governmental priorities, Ores. strikes, floods cladcares, wits or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended fur the period equal to the time actually lost by reason ohhc delay. 3.WARRANTY. The Seller wnrmnts that all goods. articles materials and work covered by this order will confront with applicable dnnvings, 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 In hold the purchaser harmless from any loss, damage or expense which the Purchaser may,offer Or incur on account of the Sellers brcaeh of,samnty. The Scllcr shall replace. repair m make goad, without cost to the purchaser, any defcro m faults arising within one (I) year nr within such Innger peiind of timer., maybe poescribod by of acceptance of the goods furnished hcrcunder(acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Scller. Acceptance or use of goods by the Porchnscr shall not constitute a waiver nfaoy claim ander this wantnry. Esccpt as mhomisc provided in this purchase mde,. the Sellers liability hcrcundershall extend to all damages proximately caused by the breach array of the foregoing oamntics ou guanntecx, but such liability shall in no event include loss of profits ou loss Muse, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CI IANCa ES IN LEGAL TERMS. The Purchaser nmy make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchnser may mnke any changes to the terms, other than legal terms, including additions to or deletions from the quamnlex origimlly Ordered in the specifications or drawings, by verbal ar written ,linage Order. If any sack change affects the amount due or the time of perfommnce hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any into by written change order, terminate this agreement is to any or all portions of the goods then Of shipped, subject to any equitable adjustment bemcen the parties 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 Snods and/or xrork, for incidental or consequential damages, and that no such adjustment he made in favor of the Sol let with respect to any g.ods which arc the Sellers standard stock. NO such termination shn II relieve the Purchaser or the Sol let of any of their obligations as to any goods delivered hcrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days from the date the change or termination is ordcord. R. COMPLIANCE WITH LAW. The Seller wamnte that all goods sold hereunder shall hive been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the guods are subject l'lie Set let shall execute and deliver such documents as may be required to effect or evidence compliance. All lases and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indnnn ify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Sellers fallen to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. (creamery this order, or any monies due onto beennte due hereunder without the prior written consent afire other party. 10. Ti TLF,. The Seller ,arm tax full. clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfomnanee of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of others. The Seller shall rel... c the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the evcnl of fault of negligence of the party released and shall extend to the directors. officer, and employees of such party. The Seller's commercial obligations, including is amity, 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. W Imice,cr the Scllcr is required to use any design. device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser front 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 Pnrchamr far wry cost, expense or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution Or after the completion of the hark. In ease said equipnnenl. Or anv part thereof or lie intcndcd um Of the goods, is in such snit held to eomitate infringement and the use Of said equal n.for Or pnn is enjoined, the Seller xhnll, at its Own ,,pease and at its option, either procure 1'o, the Purchnser the right to conumpe using said ccidpnnanc or parts, replace the same with substantially equal but mninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall bcwnic insolvent or hxnkrupl, make an assignment for the bencft of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order nmy forthwith he canceled by the Purchaser withnul liability. 16. GOVERNING LAW. The donnitions armors used or the interpretation afire agreement and the rights efall parties hereunder shill be constmcd under and governed by the laws of the State of Columdo. USA. The foltowing Addainnel Conditions apply Only in eases where the Seller is to pe'trm work heramder. including the services of Sellers Repm.entative(s), On the promises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall entry no said work m Sellers own risk until the same 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 completion and acceptance, complete the work at Seller's non expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or clarion 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 furnished by the Seller under the order. 19. INSURANCE:. The Seller shall, at his osvo expense, provide fir the payment of workers compensation, including occupational disease benefit,. TO its ,army,. empluycd on or in connection with the work covered by this purchase order. and/or to their dcpcndcros in accordance with the Imes of the state in which the work is to be Anne 1'he Seller shrill also carry comprehensive general Iinhility including, but :to, limited to, continental and automobile public liability insurance with bodily injury and death limits Of an I ... t S300,000 for an, One person. 5500,000 in, any one accident and property damage limit per accident Of S400.000. The Seller shall likewise reclaim his contract.... if any, to provide for such ennipensition and insurance. Before any of the Sellers or his commnnrs employees shall do any work upon the premises of others, the Seller shall furnish the Purchnser with a c rri fcatc 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 AGAINS T ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability, for am' and all damage. loss or injury crony kind Or .,fare whatsoever to rersnns or property caused be Or resuhing from the execution fthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold I armlet the Purchaser and any of all of the Purchasers offccm. agents and employees Firm and against any and all claims, losses. damages, charges or expenses, whether dimcl or indirect, and mvhelher to persons or property to which the Purchaser may be put or subject by reason of any net. action, neglect, omission or default on the pan of the Seller. any of his contractors or any of the Sellers or contmetors affects, agents or employees. In ease any suit or Other proceedings shall be brought against the Purchasc, or its offc,rs, agents or employees at any time on nceonal Or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its Or their oRems, agents Or employees is aforesaid, the Seller hereby agrees to issnmc the defense thereof and to defend the scam al the Sellers own expcnsc, to pay any and all costs, charges aduracys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchnser Or any of its or their of0cers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or Obtained agoiam the poperty of the Purchnser, or said parties in or as n result of S Ch suits Or other proceedings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shell take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to surety including, but without limitation, the Occupational Safety and Health Act of 1970 and all fares and regulations issued pursuant therein. Revised 0312010