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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9123100City of �„6rt Collins PURCHASE ORDER PO Number Page 9123100 1 of This number must appear on all invoices, packing slips; labels. Date: 05/24/2012 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: 05/24/2012 Buyer: OPAL DICK N ote: Line Description Quantity Ordered UOM Unit Price Extended Price CONSULTING SERVICES 1 LOT LS 124,470.00 ELIZABETH ST WATERLINE REPLCMN Total $124,470.00 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 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City Of Fort Collin, is exempt from state and local lases. Our Exemption Number is 11. NONWAI VER. 98-0,1502. FodemI Excise Tax Exemption Ccni Ovate of Registry 84-6000597 is registered with the Collector of Failum of the Purchaser to insist upon strict Performance of the terms and conditions hcmnf. G iho, or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by law. failure to prompdv notifv the Seller in the event of a breach, the acceptance mfor payment for goods hereunder or approval ofthe design. shall ant release the Seller of Gumb, Rejected GOODS REJECTED due to failure to meet specification, either when shipped to due to defects of any of the wsuuOne, or Obligation, Of this purchase order and shall not be deemed a onivcr of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hucofor any of ik rights or remedies as to any such goods, regardless instmcnons from the City Of Fort Collins. of when shipped, received or mccoted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of (Iris purchase ender by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort Collins inspection on normal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dcpendcnt upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as considcmlien for executing this purchase oiler, the Seller hercbp assigns to the Purchaser one and all claims it mry now have or hcrca0ur Freight Terms. Shipments must be F.O.B., City of Tom Collins, 700 Wood St., Fort Cnllins CO 90522. unless acquired (order federal or state antitrust Imes far such Overcharges relating to the particular goods Or services otherwise specified on this order. If prnnission is given to prepay freight and charge scpamtely, the Original freight purchased or acquired by the Purchnscr pursuant to this purchase order. hill must aceomp nv invoice. Additional ehurges for packing will not he accepted. Shipment Distance. Whcre manufacturers have distributing points in various pans of the country. shipment is expected font the nearest distribution point to destination, and excess freight will be deslncted from Invoice when shipments are made from greater distance. Permits. Seller shall pmeore at sellers side eau all necessary permits, eenifieates and licenses required by all applicable laws. regulations, ordinances and odes ofthe state. municipality, territory or politien) 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 harmles from and against all liability and loss incurred by them by reason of an ac ened or established violation of any such laws, regulations, ordinances rules and rcquicmcnts. Aothamizntion. All parties to this contract agree that the representatives arc, in fact. Mora fide and possess full and complete authority to bind said panics. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance In the toms and conditions stated herein sct forth and any supplementary or additional Isms and conditions annexed hereto or incorporated herein by reference. Any additional tar different terms and conditions proposed by seller arc objected to and hereby rejectal. 2. DELIVERY, PLEASE ADVISE PURCHASING AGEN"f immediately if you cannot make complete shipment to arrive on yew promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereon. No acts of the Purchasers including, without limitation. acccptznce of partial late deliveries, shall operate as a,waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ho yevet the Scllcr shall not be liable for dxmnges as a result of delays due to causes not reasonably forcsecahle which arc beyond its reasonable control and without its fault Ofacgligercc. such act, ofGod. ask orcivil or military authorities governmental priorities, fins, strikes, flood. epidemics, oats 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 i clivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WAR RANTY. The Seller wvmnts that all good,, article,, ran tcrials and work covered by this order will eon fnrm with applicable drawings specifications, samples ondlor other description given, will be fit for the purpose, intended, and perfumed with the highest degree of care and competence in accordance with ,cccpted .aaodurd, for work Of a similar nature. The Seller agrees to bold the purchaser harmless fxem any loss damage or cxperse which the Purchaser may stiffer or incur on account of (he, Sellers breach of wamnty. The Sellcr,hall replace, repair of mrike good, vvithuut cost to the Purchnscr, any defects or faWts ari,ing within one (H yeas, uu within such IOnger periOd of time as may be prescribed by Iry or by the terms nfany applicable wamnty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance crime of goods by the Purchaser shall not constitute a waiver nfany claim under this unmmy. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach nfany ofthe foregoing wamnties or guamntecs, but such liability shall in ancient include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF Fn-NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes In legal terms by wlincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the Icrms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spccificmioa, Or drawings, by verbal Or riven change Order. If any such change affects the amount due Or the time ofperformanee hereunder, an cquitablc mitument shall be made. fi. TERMINATIONS. The Purchaser may at any time by writer change order. terminate this agreement as In any or all Furious of the grads then not shipped, subject to any equitable adjustment between the parties as many work or materials then in progress provided that the Purchaser shall not be liable for any claims for antieipatal profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such Iemuination 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 fern the date the chmge or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller wamnty that all goods; sold hereunder shall have been produced. sold, dcfivcral and boosted in strict compliance with all applicable laws and regulations to which the goods are subject The Seiler shall execute and deliver such documents n may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hamles from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order. armor monies due of to become due hercander without the prior written consent of the other pane. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment n ilenal,, and items furnished in performance of this agreement, free and clear of any and all liens. restrictions reservations, security interest encumbrances and claims tafothcmm. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct noneonfaming or defective goods by a date to he agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most eapeditinus means a.ailable to it, and the Seller shall pay all mcts nssoeimed with such work. The Seller xhn11 release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsach work. This release shall apply even in the event of fruit of negligence of the parry• released and shall extend to the directors. Officer, and employees of such party. The Scllcr, contraemal obligations, including wamnty, shall not he deemed to be redueaL in any may. because such work is performed or caused to he performed by the Purchaser. 14. PATF,NTS. Whcmcvcr the Seller is required to use any design, dadec. malerod or process eoveral by letter, patent, trademark or copyright. the Seller shall indenmi be and save hurndess the Purchaser from any and all claim, for in lriagcment by reason of the use of such patented design, device, material or process in eonncetion with the contract, and ,shall indcmn ify the Purchaser for any coat, expense or damage which it may be obliged to pay by reason off such infringement at any time during the prosecution or alter the completion of the work. In case said cquipnent. or any part thereof or the intended use of the goods, is in such suit held to consume, infringement and the use of said equipment of part is captained, the Seller slmll, at its man expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with suhuantially equal but nnninfringing equipment, or modify it se, it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order none forthwith he canceled by the Purchasc, without liability. 16. GOVERNING LAW. The definitions offs.., red or the in(eprmatien ofthe agreement and the rights ofall ponies hereunder shall be construed under and governed by the Imes ofibe State of ColOmdo, USA. The following Additiotal Conditions apply only in eases wcI,c,c the Seller is to perform work heremdcr. including the scry ices of Scllcrs Rcprcscnta(ive(s), on the premise, Ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete (he work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc firmished by others for installation or erection by the Seller. the Seiler shall receiyc, unload, store and handle snmc at do site and become responsible therefor as though such materials and/tar equipment were being furnished by the Seller under (he order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with (he, work covered by this purehne order, and/or tO their dependents in accordance with the laws of the state in which the work is to he (lone. The Seller shall also tarty comprehensive gcncrul liability inflating, but not limited to, conanctual and nutonmbilc public liability Insurance with buddy injory and death findts of at (cast SIM N1) for any one person. S500.000 for any One accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been Provided. Such certificates shall specify the date when such enmpenswinn and insurance have been provided. Such certificates shall specify the dote when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until offer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller cmrchv assumes the entire responsibility and liability for any and all damage. loss or injury ofary kind or nature whatsoever to persons or propety caused by Or tes d ing from the execution of the work pmvidd for in this purchase order or in connection berewith. The Seller will indemnify and hold harmless the Purchaser and any or nil of the Purchasers Officers, agents mid employees from and against any and all claims, losses, damages. chnrgcs or expenses, whether direct or indirect and wlcthcr to persons or properly to which the Pumhascr may he Put or snhjcer by reason of any act. action. neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors omens, agents or employees. In case any suit or other Proceedings shot) be bmnght against the Purehaseq or its omens, agents of employees at tiny lime on account or by reason of any act. action. neglect omission or dcfmdt of the Seller of any of his contractors of any of its or their effiecn, agents or employees as aforesaid, the Seller hereby egress to assume the defense thereof and to defend the sane at the Sellers own expense, to ryry any and all costs, charges, attomcys fees and other expenses any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their of c ns. agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a resdt ofsuch suits or other proceedings. the Seiler will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Safery and Health Act of 1070 and all rules and regulations issued pursuant Ihercto. Revised ON2010