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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9142274Fort Collins Date: 04/23/2014 PURCHASE ORDER Vendor: 150670 STANTEC CONSULTING SERVICES INC 2950 E HARMONY RD, SUITE 290 FORT COLLINS CO 80528 PO Number Page 9142274 1012 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSULTING SERVICES CONSULTING WORK & ASSISTANCE 1 LOT LS IN THE INSTALLATION OF RECTIFIERS AT THE WTF AND THE COMPLETION OF AB RECTIFIER DESIGN, POLARIZATION AND TEST STATION WORK AT THE WTF, SOP -STAFF TRAINING ON RECTIFIERS, AND CONTINUITY TESTING OF 60" WATERLINE AND INSULATOR ON OVERLAND TRAIL. THIS INCLUDES WORK WITH STANTEC'S SUBCONSULTANT RUSTNOT. _ 7575 Consulting Engineering for W W/W & Stormwater Facilities Capital Projects City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Total Invoice Address: 62,522.00 522.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 7/7 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By samee the City of Fort Collins is eerupt from state and local taxes. Our Ewirptian Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Drava, Colorado (Ref, Colorado Revised Statuas 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due N failure to meet specifications, either when shipped or due m defects of damage is trust, may be reamed to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City affair Collins inspection on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion i f all applicable required inspection procedures. Freight Terms. Shipments must be EO.D., City of Fort Collins, 900 Wood Sr. Fort Collins, CO 80522, unless otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight bill must accomnanv invoice. Additional thanes for parking will not be accepted. Shipment Distance Where manufetuers have distributing points in valid. pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greeter distance. Permits, Seller shall procure at sellers sale cost all necessary permits, certificates and licemes required by all applicable laws, regulations, ordinances and roles.fthe state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority havingjarisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and lass tied by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and rrequirements. Authonzatiun. All parties to this contract agree that the repereadi ives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions sated herein set foM and any supplementary or additional tens and conditions annexed herein or incorporated herein by reference. Any additional or different tents and conditions pmpmed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immemaely if you cannot make complete shipment to active on your promised delivery date as rimed. Time is of the m,mm. 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 of any delay, me Purchaer shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due to anew not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental pnonties. fires, strikes, nand, epidemics, wars art nor& provided chat native of the condition causing such delay is IF... 10 the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall M eseMal for de period equal to che time acnW ly lee, by reason of the delay. 3. WARRANTY. The Seller warrants that all good, article, materials and work covered by this order will conform with applicable drawings, specifications, samples m&a, ocher descriptions given, will For fit for the purposes intended, and performed wit the highest degree of cart and ampere. in accordance with accepted stmdmd for work of a imilar nature. The Seller agrees m hold the purchaser harmless from any loss, damage Or expense which the Purchaser any suffer or went on account of the Sellers breach of wamanty. The Seller shall replace, repair or make good, without cast a the pumbassem any defects or disks arising within we (1) year or within such longer period of time as may be prescribed by Law or by de terms army applicable warranty provided by the Seiler after the dale of acceptance of the goods fitmished hereunder (acceptance not to M commonality delayed), resulting man imperial or defective work done or nationals fumlshed by the Seller. Acceptance or use of goods by the Purchaser, shall not ommon, a waiver of any claim uMer this womanry. Except as otherwise provided in this purchase aded, the Sellers liability hereunder shall extend a all damages proximately carried by the breach of any of the foregoing warremirs or guarantees, but such liability shall in no event include loss of prefix or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terns by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Parchare, may make any changes to the terms, order Nan legm rums, including additimu an or &[aim- fmm the gwmitim originally ordered in the specifiatiom or drawings, by veto[ or wommn change under. If any such change aliens me amount due or the time of performance hereunder, an egmarble adjustmat shall be made. 6. TERMINATIONS. The Purchaser may a, any time by wines change order, around, this agreement as 10 my ar all ponimu of hie goods men not shipped, subject to any equitable adjustment bemveen the parties in to my work m materials then in progress provided that the Purelai shall not be liable for my claims for anticipated profits on the uncompleted portion of fire goods andror work, for incidmal a consequential damages, and that no such adja4ment be made in favor of the Seller with respect m my good which are me Sellers smari sock. No such sernination shall relieve the Purchaer or me Seller ofmy of their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assented within dim (30) days from the dale the change in termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall ha.e been prodwnd. sold, delivered and finished in strict compliance with all .,liable taus and regulations an which the goad are subject The Seller shall execute and deliver such domarens as maybe required to effect or evidence compliance. All laws and regulations required 1n be mompanared in after.. of this character are hereby acculturated herein by this defermi The Seller agrees to inderrmify and hold the Pormlon r harmless farm all toss artd damages sculptural by the Purchases as a result of the Sellers failure to comply with such fun. 9. ASSIGNMENT. Neither parry shall assipp, transfer, or convey this order, or my manias due or to become due hereunder without the prior women consent ofde other Isom. IRTITLE- The Seller warms bill, clear and anrestricted rile m de Purchases for all tyuipmed. maten.B, and it. finished on performance of this agreement, free and clear of my am all liens, restrictions, reserentioas, security interest encumbrances and claims of oilers. II.NONWAIVER. Failure of the Purchases to insist upon strict performance of the terms and conditions heeaf, 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 of Or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser ro insist .,an strict Importance hereof., any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are is far, home by the Purchaser. Therel.fam,nf tgood caam and as cotssidemtion far meaning this purchase order the Seller hereby assign to the Purchaser any and all claims it may now have or hatffter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased err acquired by the Purchases pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhaser directs the Seller to comet nonconforming or defective goats by a dare to be agreed upon by the Purchaser and the Seller, and the Seller thereaner indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious meam available to it, and the Seiler shall pay all costs msocimed with such wmk. The Seller shall release the Purchaser and its comrucmrs of any tier from all liability and claims of any nature resulting from the performance wi such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, onirms and anployees of snob pray. 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 perforated by the Purchases. 14. PATENTS. aVhenever the Seller is required to use any design, device, matenal or process covered by letter, proem, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Wm any and all claims far inMngemcm by reason of the sex of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmseration or after the completion of the work. In case said equipment, or any part thereof or the intended use of the gaols, is in such suit held to comtime infringement and the use of said eliiipmem or part is enjoined, the Seller shall, at its awn are. and at its option, either promote for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of crediton, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchasa without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and Life rights of all pmiea hereunder shall be command umta and governed by the laws of hie State of Colorado, USA. The following Additional Condition apply only in cous when the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premiums ofifirent. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scher own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury m the work mWor materials berme Sellers final completion and acceptance, complete the work at Sellers awn expense and to hie satisfaniw of the Puchaer. When materials and equipment are famished by others far iaallmion or erection by the Seller, the Seller shall receive, unload, store sod handle same at the he and become responsible therefor as though such materials and/or equipment were being handstand by the Seller under the order. I& INSURANCE. The Seller shall, at his own expatse, provide for the payment of workers compensation, including occuWlioml disease besets, in its employees employed on or in connection with the wok covered by this purchase order, and/or to their dependents in accordance with the laws of the sale in which the wmk is to ha done. The Seller shall also carry comprehensive general liability including, but not limbed to, cwtrmtml and aulamobile public liability insurance with bodily injury and death limns of at least 5300,000 for my one person, S500pga for any accidem and property damage limit per accident of SPIN,". The Seller shall likewise require his contracmrs, From, to provide for such compensation and insurance. Before my of the Sellers or his comramon employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificate that such compensation anal Inmrmce have been provided. Such cerifcmes shall specify the date when such ompensation and insurance have been provided. Such rerifemes shall specify fire dare when such compensation and insurance expires. The Seller agrees pot such compesation and insurance shall h mainained until ages the attire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass roes the eslim rnpotsibiliry and liability for my and ail damage, loss a injury army kind or nature whatsoever to persons or property waned by or resulting from the execution of the work provided for in this purchase order or in estimation herewith. The Seller will indemnify add hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees firm and against my and all claim. losses, damages, charges or expenses, whether diner, or indirect, and whether to person or property b which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his comnactors, a my of de Sellers or emanations officers, agents or employers In must any suit or other proceedings shall be bough, against de Purehaser, or is ofem, agents or employers at any time on account or by rcawn of any m4 acfioq neglect, omission or default of the Seller of may of his contrmmrs or any of is or their afters, aims or employces in aforesaid de Seller hereby agrees to assume the defuse flumad and to defend the same at the Sellers and "Few, to pay my and all cosy, charges, mangy, as and other expenses, my and all judgmess that may he incurred by or obtained against the Purchases or any of its art their often, agenda or employers in such suds or other proceedings, and in Case judgment or other limn be placed upon or obtained against the property of che Purchases, or said parties in or as a result of such suits or other proceedings, the Seller will m Dore ame me same m be dissolved and discharged by giving bnol to otherwise. The Seller and his contramor3 shall take all safety precaution, furnish and instill all guard necessary for the prevention of rocidens, comply with all laws and regulations with regard to safety including, but without limitation, the Ompational Safety and Halth Act of 1970 and all rules and regulations issued pursuant therein. Revised WWO