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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9123173PURCHASE ORDER PO Number Page City ofPURCHASE3173 ' of z Collins This number must appear 1 1 on all invoices, packing ' `t slips and labels. Date: 06/01/2012 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: 06/01/2012 Buyer: dpo D- otL Note: Line Description Quantity UOM Unit Price Extended Ordered Price LaPorte Valves - Design & Constructin Phases 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 41,201.00 Total $41,201.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of To" Collins is exempt from state and local tam. Our E caption Number is 11. NONWAI VER. 99-0,1502. Federal Excise Tax Exemption Ccnifiean of Registry 94-00005R7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Intemal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 To). exercise any rights or remedies provided herein or by law, (ailum to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 warranties 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 wrinco purchaser to insist upon strict performance hcmnfor any of its rights or remedies as to any such goods, regardless instructions (ram the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pugmned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns 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 oMer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he undcoortnd that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion o(all applicable required inspection procedures. violations are 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 or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fen Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the funicular goods or services othewise specified on this order. If permission is given to pmpuy freight and ehmgc separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orden bill most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Sella shall procure at sellers sole cost all accessory permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, contrary 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 aan,; to hold the City of Fort Collins harmless from and against all liability and Ins, incurred by them by mason of an asserted or established violation of any such laws, regulations ordinances, roles cad r,geimmc.t,. Authorization. All panics to this contract agree that The representatives are, in fact, bona fide and posses, full and eumplcte authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any xupplcmcntary or additional tans and conditions annexed hcrcto or incorporated hcrcin by reference Any additional or diflbrent terms and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is afthe essence. Delivery and performance most be effected within the time .stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition In other legal and equitable remedies, the option nlpincing this order elsewhere and holding the Seller liable for damages. 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 fault of negligence, such act, ofGod. acts of civil or military authorities, govemmental priorities, fins, strikes, food, epidemics, wars 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 for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all good, artielca, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he tit for the pnnxi 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 loss, dzmgge or expense which the Purchaser may snifter or incur on account of the Sellers breach of warranty. 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 perin of time as may be prescribed by law or by the terms of any applicable warranty pmvidcd by the Seller after the date of acceptance tribe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no Went include loss ofpmfits or loss of use 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 Icmu, other than legal mums, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or uriuca change order. If any such change affects the amount due or the time offerformancc hemander. an equitable adjustment shall be made. b. 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, mhjcet to any equitable adjustment between the panics as to any work or materials then in pmgnss provided that the Purchaser shall not be liable for any claims for anticipated 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 good which are the Scllem standard stock. No such termination shall ml ieve the Purchaser or the Seller of any of their obligations as to any goods delivered hacunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordcnd. R. COMPLIANCE WITH LAW, The Seller u'ararts that all galls sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Taws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated heroin by this reference. The Seller agrees to indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other patty. 10.TITLE. The Seller warrants full, clear and unrestricted title to the Pumhawr for all cquipmcnt materials and items famished in pa(ommancc of this agreement, free and clear of any and all liens, restrictions, nscrvations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therci fer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This rcicasc shall apply even in the event of fault of negligence of the party released and shall extend to The directors. officers and employees ofsuch 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 perfomed by the Purchaser. 14. PATENTS. RTencver The Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material or pmeess in connection .with the contract. and shall indcmnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion trim work. In case mid equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seiler shall, at its own expense and at its option, either procure for the Porchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment For the benefit of creditors, appnint a receiver or tmsme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ref terms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellcrs Represcmntivc(sl on the premises ofolhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, dcstmetion or injury to the work and/or materials before Sclltu s final completion and acceptance, complete the work at Seller's own expense and to the satisfi etion of the Purchaser. When materials and equipment arc famished by others for installation 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 cquipmcnt were being furnished by the Seller under the order. IR. INSURANCE. The Scllcr 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 the work covcoul 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, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any one accident and properly damage limit per accident of 5400,000. The Seller shall likewise require his contractors, irony. to provide for such compensation and insumnec. Before any of the Sellers or his contractors employees shall do any work neon the premises of others, the Scllcr shall furnish the Purchaser with a cenificam that such compensation and insumncc have been provided. Such certificates shall specify the date when such compensation and insumnec have been provided. Such certificates shall specify, the detc when such cempramtion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Set let will indcmnify and hold harmless the Purchaser and any or all of the Pumhawm officers. agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pot or subject by reason of any act action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other Proceedings shall be bmught against the Purchaser, or its affects, agents or employees at any time on account 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers, own expense, to pay any and all costs, charges, ano neys 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 snits or other proceedings, and in case judgment or other Tito be placed upon or obtained against the pmpeny of the Purchaser, or said panics in or as a result ofsuch mils or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, furnish and install all guards noecssary for the prevention of accidents, comply with all lases and regulations with regard to safety including. but without limitation, the Occupational Szfery and Health Act of 1970 and all miss and regulations issued pursuant Ihacto. Revised 03/2010