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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9123288PURCHASE ORDER PO Number Page City Of 9123288 1 of z ' `t Collins This number must appear " 1 on all invoices, packing slips and labels. Date: 06/08/2012 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: 06/07/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 27"Waterline Impr. 1 LOT EA 41,048.00 Cotton Willow Estates Subd. Total 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 11, 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 Purchase Ordcr Tcfms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax usemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Nrmubcr is 98-0-1502. Fateral Excise Tax Exemption Certificate of Registry 94-WM587 is registered with the Collector of I mcmal Revenue. Denver. Colorado (Rcf. Colnmdo Revised Statutes 1973. Chapter 39--26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spccifiwtions, either when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written immactions fmm the City Of Fort Collins, Inspection. GOODS are subject to the City of Fort Collins inspection no mriaaL 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance 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 ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon strict perfOmnnce Immofor any of its rights or remedies as to one such goods, regardless of when shipped, received or accepted, as to any prior Or subsequent default hereunder, nor shall any parpnncd oral modifieaticn or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in resporte to this order 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 Puml nser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependem upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemaner Freight Terms. Shipments must he ROT.. City of Fan Collins, 7(10 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods on services otherwise specified on this order. If pcmimion is given to prepay freight and charge sepamtcly, the onginal freight purchased or ncquiral by,hc Parchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Parchascr shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pav 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, regulations, ordinances and rules of the state, municipality, temmry 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 fmm and against all liability and loss incurred by them by reason of an assetted or established violation of any such laws, regulations, ordinances rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby reigned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of flm essence. Delivery and performance 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 of partial late deliveries. shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option cfplacing 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 cannot and without its fault of negligence. such acts of Gad, acts of civil or mil imry authorities, govemmcntal prfornics, fires, 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 Imms lcdgc thereof. In the event of any such delay, the date of dd were shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller %vamnts that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compdcnce in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcm breach of wamnry. 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 terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unmawnatdy delayed), resulting from imperfect ar defective work done or materials furnished by the Seller. Acceptance or use of coot by the Purchaser shall not constitute a waiver ofany claim under this worm my. 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 nn us cut include loss of profits 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 tangs by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal toots, including additions to or deletions from ,he quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any .such change affects the nmonnt due or the time ofperformaacc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change order, terminate this agreement as to an or all portions of the goods then not shipped, subject to any equitable adjustment bcbvcam the panics as to any work or materials then in progress pmvidcd 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 he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purehascr or the Seller of any of their obligations as many goods delivered hmcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is Ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder .shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations m which the goods 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 he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Pcmhawr hamlet fmm all coats and damages suffered by the Purchaser as a result of the Sellers failarc to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due orto become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamms full, clear and unrestricted title to the Purchaser fora[] equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens. restrictions. reservations, security interest encumbrances and claims of others. 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 release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of mch party. The Seller's eontmctunl obligations, including wamnry, shall not be deemed to he reduced, in any way, because such work is performed or caused In be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design. device, material or process covered by letter, patent, trademark or copyright, the Seller 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 process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it case be obliged to pay by reason of sneh infringement at any time during the prosecution at niter the completion of the work. In case said equipment, or any par, thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to eon inue using said equipment or pans replace the some 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, appoint a receiver Or tmstee for any of the Sellers pmpcmy or business, this order may forthwith he canceled by the Purchaser without liebilirv. 16. GOVERNING LAW. The definitions oftems used carthe interpretation ofthe agreement and the rights ofall panics hereunder shall be cnmtmed coder and governed by the laws ofthc State of Colmada. USA. The following Additional Conditions apply only in eases where the Seller is In perform work hereunder. including the services of Sclim, Rcpmsentalivc(e), on the prcmiws ofothem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs 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 Scllcrs Final completion and acceptance, complete the work at Seller's own expert a and to the satisfaction of the Purchaser. When materials and equipment are 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 equipment were being furnishcd by the SCIICr under the order. I R. INSURANCE. The Sellershall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its enmplOyces employed on Orin connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to he done, The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insv:mec with hodily injury and death limit of at Iraq Sl0(1,000 for any one person. S500.000 for any One accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such conpcnsutlon and insurance. Before any of the Scllcrs or his commcturs employees shall do any work upon the premises of mhcrs, the Seller shall furnish the Purchaser with it certificate that .such coamcrsmimu and insurance have been prnvlded. Such eenificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchv assumes the entire responsibility and liability for any and all damage, loss or injury of anv kind or nature whmsocv,r to Persons or pmperty, caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any at all of the Purchasers affects, agent and employees fmm and against anv and all claims, losses. damages, charges or expenses. whether direct or indirect, and whether to persons er property to which the Purchaser may be put or s ljcct by reason of any net. action, neglect omission or default on the pan of the Scllcr, any of his contractors, or anv of the Scllcrs or contractors offccm. agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its o0'een, 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 nRcers, agent 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 casts, charges, attomeys 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 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 result of such snits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othem ise. The Seller and his contractors shall take all safety precautions, furnish and install all guards accessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312016