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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9142653Fort Collins Date: 05/13/2014 PURCHASE ORDER Vendor: 150670 STANTEC CONSULTING SERVICES INC 2950 E HARMONY RD, SUITE 290 FORT COLLINS CO 80528 PO Number Page 9142653 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 COLLEGE AVE WATERLINE CONSTRUCTION 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 1 LOT LS 120,468.00 Total $120,468.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By same the City affair Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98,04502. Federal Excise Tax Exemption Calificam of Registry 84-60flial ¢ registered with the Collector of Failure of the Purchaser to insist upon strict performance of the teats and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Raised Statutes 1973, Chapter 39-26, 114 (a). d erisc any rights a remedies provided herein or by law, fa'lare m promptly nofify the Seller in the dreg of a breach. the medphow, of or payment for goods hereunder or approval of gae design, sball not release to Seller of Good Rejected. GOODS REJECTED due to failure to meet spaifiations, either when shipped or due to defects of any of the warranties or obligations of this purchase order sad shall not be deemN a waiver of any eight of the damage in transit, may be remmed to year for credit and are not to be replaced except upon receipt of senator Purchaser to insist upon smct performance haeofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival hereof. Final Acceptance. Rmeipt of The merchandise, services or Muiprr nt in respoutt to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthonzed payment on the pad of the City of Fiat Collins. However, it is In be understood that FINAL Sella and the Purchaser recognize that in actual m is prance, overcharges malting from antitrtut ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations art in fact borne by the Purchase, Themofone, forgooddour and as consideration for executing this purchase order, the Seller hereby assigns to The Purchaser my and all claims it may now have or hereafter Freight Tema. Shipment must be ROB., City of Fro Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanl to this purchase order. bill mnst mcomoanv invoice. Additioml charges for cocking will not be accepted. Shipment D'Blarm, Where manufacturers hate distributing points in various pans of tho country, shipment is expected from the neandl distribution point to destiessame, and excess freight will be dNucted from Invoice when shipment arc made firm greater distance. Permit. Seller shall procure at sellers sole cast all necessary permit, adificate, and livened, mlvired by all applicable laws, regulations, ordinances and ales of the sate, municipality, territory ar Political subdivision where the work is Performed, in reached by any other duly dominated public mlhonty having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Pon Collins hairless from and spinal all liability cast loss indamal by them by reason of an maened or established violation of any such laws, regulations, ordinances, rates and requirement. Authorization. All parties m this contract agree Ilia( use rmrcscrunwe, 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 mud conditions shared herein set forth and any supplementary or additional terms and conditions nomad! harem or interpreted herein by reference.Any additional or differentera and conditions proposed by seller are objected wand hereby jWfak 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as poled. Time is of the essence. Delivery and perfosmand, muss be effected within the rime stated on die purchase order and the document coached hereto. No act of the Pensioners including, without handmim, acceptance of Wnial late deliveries, shall operate as a waiver of this provision. in the event of any delay, the Purchaser shall have, or addition to other legal and equitable remedies, time option ofplming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of &days due an cuss nw reasonably forceable which are beyond its reasonable comma and without its fault of negligence, such acts of God, act of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the lime when the Seller first revived knowledge thereof In the event of any such delay, due dare of delivery shall be extended for the pmnd equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andNr 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 made. 'Ile Sella agrees to hold the purchaser harmless from any loss, damage or expense which to m Protestantay suffer a incur an account of the Sellers breach of wananty. The Sella shall replace, rair or make good, without rest to the pmchasm, my defers or faults arising wigain one (1) mar or within such longer perfect of time as may be presented by law or by the moms orany applicable wantonly provided by the Sella offer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), rauhing from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no ,an include loss ofpmfit 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 women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasa may make any changes To gag moms, he, dun legal terms, including additions m or deletions from the quantities origirelly ordered in the specifications or dawimi. by verbal or wviuen change order. If any such change affects the amount due or the time of Priam manic hereunder, an equitable adjustment hill he made. 6. TERMINATIONS. The Purchaser may at arty time by written change order, temrinme this agreement as m any r all portions of the goad then not shipped, subject I. any equitable adjustment between the parties as to any work or materials loom progress provided Hear the Purchaser shall not be liable for my claims for anticipated pra0s an the uncompleted portion of the goods anNor work, for incidental or comdquat al damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers standard stack. No such ad urination shall relieve the Purchaser or the Seller of any dilen obligations on 10 any goods delivered hcocunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wament tint all goods sold herennder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject The Sella shall execute and deliver such document se may be terminal m effect of evidence compliance. All laws and regulations required to be in ormar red in agreement of this character are hereby incorporated heroin by this reference. The Seller agrees ro indemnify and hold the Purchaser boneless from all costs and damages suffefed by the Purchaser ex 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 ofthe other pony. I o. TITLE. The Seller warms full, clear and unmear ed title to the Practicer for all ryuipmar, materials, and items famished m per -fie ce of this agreement, free and clear of any and all liar, mbicmns, reservations, seanry brain encumbrances and claims ofalmn. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diretts due Seller to coma nonconforming or def Live good by a date to b, agreed upon by the Purchaser and the Seller, and the Seller thaeaBef indicates its inability or unwillingness to comply, the Pardoner may cause the work to be pafom+N by the most expeditious means available to it, and The Seller shall pay all cars associated with such work. ]le Seller shall release we Purchaser and it dmeazfon of any tier from all liability and claims of any nature resulting from the performance of such wad. This relcow shall apply eve. in the event of fault of negligence of the party onducd and shall exrend to the direemrs, officers and employees of such parry. The Sellers contractual obligations, including warranty, sluall act be domed to be reduced, in any way, because such work is performed or caused to M performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. Patent, trademark or copyright, the Seller shall indemnify and save harmloss 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 contmel, and shall indemnify the Purchaser for any vast, expense or damage which it nnay be obliged to pay, by reason of such inGngement at any time during the prosecution or add the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement must the use of said equipment or pan t enjoined, the Seller shall, at it own expense said at it option, either procure for due Purchaser the right to continue using said ampmmt or pans replan the same with substantially dimal but irradiating equipment, or mndify it so it becomes noninftholoW. 15. MSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pumhascr without liability. 16. GOVERNING LAW. The definitions ofterms used or the intermandu n from agreemem and the rights of all panics hereunder shall b, construed under and gn—,it by the Ows of the Sate of Colorado, USA. The following Additional Conditions apply only in aws where the Seller is to Perform work hereunder, including the services of Sellers Repmsenhative(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sane is fully mmplesed and accepted, and shall, in e of any accident, distinction or injury to the work andfor materials before Sellers foul completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment am furnishN by others for installation or erection by the Seller, rise Seller shall receive, Wood, store and handle same at the site and become mponsible therefor as thougM1 such materials and/a aluiperent were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensmion, including uccupahoml disease benefit, to its employees empluyed on or in connection with the work covered by this pureM1ase order, mdfor to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive geneal liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of in least S30n,000 for my one person S500.000 for my onemaidens and property, damage limit per accident of S400,000. The Sella shall likewise require his cantcectors, irony, to provide for such compensation and insurance. Re(ort my of the Sellers or his contractors employees shall do my work upon the premises insulters, the Seller shall famish the Purchaser with a certificate that such compemmion 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 sad macurance expand. The Seller agrees that such compensation and imumnce shall be maintained antil alter the auto work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and all damage, loss or injury orany kind or Ila rm whomever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent and employees from and against my and all claims, losses, damages, charges or expenses whether direct or indirect, and whether m persons or property 1. which the Purchaser may W put or subject by reason of my act, action, neglect, omission in default can the pan of the Sella, any of his comments, or my of the Sellers or contractors officers, agent or employms. In couse any suit or other proceedings shall ho brought against the Purchase, or its officers, agent or employees at any time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his contracmn of any of its or their aflicm, agents or employees ns aforesaid, the Seller hereby agrees to assume the defense thereof sad ro defend rise same at rise Sellers awn expense, to pay any and all cast, charges, amomeys fees and other exposes, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers. agents or employees in such suit or again pmcccdintes, and in case judgment or offer lim h placed upon or obtained against the properly of the PareM1aef, or aid parties to car as a mull of soh suit or other proceedings, rise Seller will at once cause No same to be dissolved and dischaged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of ccidents, comply with all laws and regulations, with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant thcrem. Revised 03/2010