Loading...
HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9143258PO PURCHASE ORDER 914325er Page C117/ of PURCHASE 9143258 1 or z �_ 6^�"� ( OI I I �� This number must appear V a` on all invoices, packing sli s and labels. Date: 06/10/2014 Vendor: 150670 STANTEC CONSULTING SERVICES INC 2950 E HARMONY RD, SUITE 290 FORT COLLINS CO 80528 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 COLLEGE AVE WATERLINE DESIGN WO # STANTEC-COLLEGE 2014-1 �aaJi4.li. 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 46,373.30 373.30 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 statute the Ciry of Fon Collins is exempt fmm slam and local taxes. Our Exemption Number is 9843,1502. Fall l Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (ReC Caking. Revised Statutes 1973, Chapter 39 26. 114 (a). Goad Rejected. GOODS REJECTED due as failure to men specifications, either when shipped or due 1. defects of damage in tmmit may be retuned an you for credit and art not to be replaced except upon receipt of written instructions from the City afraid Collins. Inspection. GOODS are subject o the Ciry of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response a this order ca reach in th nuorimd payment on the pan of the City of FoForde Collins. However, it is to be unclstood thatFINAL ACCEPT ANCH is dependent upon completion of al I applicable required inspection procedures. Freight Terms Shipments must be F.O.B., City ofFord Collins. 700 Wood St, Pon Collins, CO 80522, unless otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Addidonal charges for packing will not as accepted. Shipment Distance. Where manufacturers have distribming points in saloons pans of the country, shipment is expected from the nearer distribution point to destitution, and excess freight will be deducted from Invoice when shipments art made four greare. disanve. Pennies. Seller shall procure to sellers sole rasa all mcrsmry permit, eaffeams and licenses required by ell applicable lases, regulations, ardinanen and rules f,he state, municipality, aenitory or political subdivision where the work is parfatmed, or required by any other duly constituted Public nuthodry having jurisdiction over the work of vendor. Sella (umber agrees to hold the City of Fort Collins harmless such and agaimt all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinanre5, rules and racirements. Aulhorit, ion. All panic to this contras, agree that the representatives are, in fact, bane fide and possess full and omplete authority to bind said port ev LI M IT A'1'ION OF TERMS. 'Ibis Purchase Order expressly limn its ro,c tawe to the mans and conditions stated herein in forth and any supplementary or additional terms and conditions annexed hereto or incriminated herein by reference. Any additional or different hared and conditions proposed by seller art objected to and hereby rejeda. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment In active on your promised delivery dale as noted. Time is of the essence. Delivery and performance most be etfa ded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchmers including, without Emission, acceptance efpanlal Ute deliveries, shall operate we a waiver of this prevision. In the runt ofany delay, the Purchaser shall have, in account to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages- However, the Seller shall rut tr liable for damages as a result of delays due to causes ref reamrubly fueaable which art beyond its r..hat Me control and without its fuel, of negligence, such acts of God, acts ofcivil or military anthon,ies, governmental priorities, fires, strikes, Bond, epidemics, wars or note 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 10 the time actual If lost by reaxn of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples author 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 tmilur nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or anent on account of the Sellers breach of wamanry. The Seller shall replace, repair or make good, waver cost to the purchaser, any defects se faults arising within one (1) year of within such longer period of time no may to, prescribed by law or by the teed of any applicable waaway provided by the Seller arm the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm impnfat or defective work done or mmmals famished by $e Sella. Acceptance or was of goods by the Purchaser shall not candidate a waiver of my claim under this warranty. Except M whi rwlse provided w this Panama, order, tic Sell. liability hereunder shall extend on all damages proaimamly ..it by the breach of my of the Bumping warr4nties or prarimcea, bur such liability shall in no even, include loss of profits or I. 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 winners change Deer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions Two the qunntilics originally ordered in me specifications or drawings, by v rbal or writer change order. If any such change nffede the amountdue cribs time ofporfmmmnee hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, announce this agreement m to any onall portions of the grmH then not shipped, subject to any equitable adjustment between the parties as a any work or materials then in progress provided thus the Purchaser shall and be liable for any claims for anticipated profits on the uncumpleted portion of the good ankor work, for incidental or com e,t emial damages, and that no such solacement be made in favor of the Seller with respecno any good which are she Sellers standard stock. No such tnmination shill relieve the Purchaser or the Seller ofany of their obligmiom as 1a any peaks delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjlmment most nd asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good said hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documents as may be r guiml to effect or evidence compliance. All laws and regulations raptured to be incorporated in agreemena of this chamcter are hereby incoMerated herein by this reference. The Seller agrees to trader its and hold the Purchaser homeless from .11 costs and damages mfg a d by the Purchase, as ..inch of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pamy shall assign, vansfin. or convey this oeeq is, ens monies due or as became due hereunder ccoluo he prior written..meat of be other parry. 10. TITLE, The Seller warrants full, clear and umesmcted title a the Purchaser for 01 equipment, ma[enals, and items furnished in Performance of this agreement fee mad clear of any and all litre, evictions, menaions, security interest encumbrances and claims ofothers. I L NON WAIVER. Failure of the Purchaser to insist Upon Strict performance fine terms and co ndrima hero[ failure or delay m examine mo any rights W rtars provided herein m by law, failure ea promptly notify the Seller as the event of a h breac the acoepance of or payment for goods fircuMer or approval ofthe design, shall rest release the Seller or any argue warranties or obligations of This purchase reel and shall not be deemed a waiver of any right of the purchaser to ias¢t upon warier rediscount harroofor any of its rights or remedies se to any such good, regardlan of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryomed omI modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the arms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller it the Forefoot, recognise Ghat in a far e o re primate, overcharges resulting from warrant violations are in fact bone by the Purchaser. i heretoforefar 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 acquired under federal or state antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming w defective mods by a 6 m to be agrted upon by the Purchaser and the Seller, and the Sella thereafter indicates its iwbiliry or unwillingness to comply, thc Purchaser may cause the work to be performed by the most expeditious meant mailable to it, and the Seller shall pay all cats associated with such work. The Seller shall fileme the Purchaser and its ...traders ofany an from all liability and claims of any v am resulting fmm the performance of such 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 such party. The Sellers conhactial obligations, including warranty, shall not be dcemed to be reduced, is any way, because such work is performed or tamed to be perfumed by the Purchaser. 14. PATENT'S. Whenever the Seller is rryuired muse any design, device, material or process covered by truer, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser fmm any and at I claims for infringement by reams of the use of such parented design, Mice, 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 prosmution or after the completion of the work. In case said equipment, or any pan therm( or the intended use of the goad, is in such suit held to consfmm terminates, and the use of said nPuipmenl w pan is joined, the Sella shall, in its own expeme and an its option, either procure for the Purchssa the right to continue using said Normand or p oss, replace the same with substantially equal but tmninGmging ryuremms, or modify it m it bccames reninGnging. 15. INSOLVENCY. If the Seller shall become, insolvent w bankrupt, make as weighower for the bench, of cadimrs, appoint is or ututee for any of the Sellers property or business, this Deer may forthwith be canceled by the Purchaser withaa, liability. 16, GOVERNING LAW. The definitions of a. used or the in noretarian of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe Stale of Colorado, USA. the f Ilowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprexntative(s), on the premises ofothms. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's run risk until the same is fully completed and accepted, and shall, in eau of any accident destruction or injury to the work girdles materials before Selleh fwl completion and acceptance, complete the work at Sellers own expense and m the sarisfaction of the Purchaser. When materials and apartments ere famished by when for innallaioo or mature by the Seller, the Seller shall receive, ualoak were and hardle same al the s,,, and became responsible therefor as trough such materizh We, equipment were being fuotished by the Seller under the order. St. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including weupatiming disease benefits, to in employees employed on or in connection with the work covered by this purchase order, maker to their dependent in accordance with the laws of the smote in wbalt the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commemal and automobile public IiabiI in insurance with bodily injury and death limits of nt Ieu1$300,000 for any one person. S50llpxl for any one accident and pmpeny damage limit per occident of $400,000. The Seller shall likewise require his acmes, irony, to provide for such romper and in e. Before any of the Sellers err his canmwtax employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificale that such compensation and Imumnce have been provided Such certificates shall specify the doe when such compensation and insurance have been provided. Such certificates shall specify the date when such compesation and insurance expires. The Seller agrees that such comparative and insurance shall be maintained until net the chile work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire rtwere ibility and liability for any and all damage, loss or injury ofany kind were whasceve, to persons or pmpeny..it by ar resulting fro the execution ofthe work provided fro in this purchase order m in connection herewith. The Seller will inderrin fr and hold harmless tlu Purchaser and any or all of the Purchowrs officers, agents and ando ems fmm and again, any and all claims, lushes, damages, chages or expemes, whether direct or what and whether to persons or property to which the Purchaser may be put or munn by reason of any mL action, neglect omission a, default oa the part of Oe Sella, any or his contractors, or any of the Sellers or eontmnors officers, agents or employees. In case any suit or other proceedings shall be brought against the Facedown, or its officers, agents or employees at any time an 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 Sella, own expense, to pay any and al I costs, charges, attorneys fees and nine, c,dan ex, any and all judgments that may be incurred by or obtained again# 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 uW n or obtained agairm the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once craw he same 1. be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall asks all safety Factories. furnish and insall all guard necesvry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Camatim al Safety and Health Act of 1970 and sell ruks and regulation issued pursuant theme. Revised 032010