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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9143573PO PURCHASE ORDER 914357 Number Page City of PURCHASE 9143573 1 of z `t CThis number must appear Collins1 on all invoices, packing sli s and labels. Date: 06/25/2014 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: 06/24/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 NORTH SHIELDS SANITARY SEWER INTERCEPTOR CONCEPTUAL DESIGN 1 LOT LS 7515 Consulting Engineering Services for W, WW & Stormwater Facilities Capital Improvements 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@fogov.mm 76,215.00 15.00 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 statute the City of Fort Collins is exempt from suite and local taxes. Our Exemption Number is I L NON WAIVER. 98-045 W. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chaptrr 39.26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly unity the Seller is the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release On, Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecn of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any night of the damage in mmil, may be removed to you for credit and arc not to be replaced except upon receipt of written pu chaser to insist upon strict performance hereof or any of its rights or remedies w to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or occupied, ns many prior or subsequent default her, andea, our shall any pmWrted oral modification or rescission of this purchase order by the Panama opmam as a waiver of any of me teens Inspection. GOODS are subject to the City of Fog Collins inspection on cowl. herwf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can hoult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. radicand payment on the pan of the City of Fog Collins. Ilowevm it is to be understood that FINAL Seller and the Parchuer res prom, that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dVadcntuponcomplefor ofall applicable acquirnlinspection procedures. violations are in fact home by the Purchaser. lTaemfore,for good muse and as consideration for executing this purchase order, the Seller hereby assigns in the Paramour any and all dalms it may now have or hereafter Freight Teens. Shipments most he, F.O B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless otherwise specified on this order, If permission is given to prepay fight and charge separately, the origirul freight bill must necompany invoice. Additional changes far packing will not be accepted. Shipment Distance. Where manufacturers have distdbming points in various pans of the country, shipment is expected from the torus. distribution point to destination, and excess freight will be dcduded frvm Invoice when shipments are made fram grater distance. Permits. Sella shall procore at sellers sale cost all necessary pmnits, cenifcams and licenses required by all applicable laws, regulations, ordinariness and roles of the state, municipality, erring, or political subdivision where the work a performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Von Collins Iwmless from end against all liability and loss ncurrrd by them by reason of an asserted or established violation of any such [a", regulations, ordinances, roles and regairmarenra. Authorization. All parties b this contract agree that he exp aenmtixes are, in fact, From Ode and posues full and complete authority to bind said panics. LIMITAT10N OF TERMS, This Purchase Order expressly limits anmprance m the terms all conditions stated herein set fonh and my supplementary or additional tram and conditions annexed haters or incoryomed herein by reference. Any addifional or dillhicalit s and conditions proposed by adler arc objmed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o active on your promised delivery date as noted. Time is of the camove. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasing, including, without limitation, rucepmare ofp rid it lac delivmm, shall operant as a waiver of lhis provision In the event of any delay, the Purchaser shall have, in addition to other lead and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However. the Seller shall nm be liable for damages m is result of delays due to causes not reawnably foreseeable which ere beyond its seasonable control and without its fault of negligence. such as ufGod, acts ofdvil or ordinary authorities, owernmenuil priorities, fines. strikes, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when no Seller first received knowledge thermf. In the event of my such delay, the dare of delivery shall be cannibal for the period rynal to the rime annually lost by ..a oflhe delay. 3. WARRANTY. The Seller warrants that all foots, articles, mo mats and work covered by this order will conform with applicable drawings, specifications, samples anNar other descriptions given, will be fat for the purposes intended, and performed with the highest degree of care and computentt in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sinter or incur on account of the Seller, breach of warranty. The Seller shall replace, repair, or make good, without cost to the pmchaur, 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 show of any applicable warranty provided by the Seller after the date of acceptance of the goad famished hereunder Occurrence not to be unreasonably delayed), reaching farm imperfect or defective work done or materials famished by the Seller. Acceptance or use of guests by the Purchaser shall nut constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximamly caused by the breach of any of the frregaing wammors or guarantees, but such liability shall in no event include lam of profits in tom of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SE ]ALL 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 m the rams, albs than legal erns, including additions to or deletions from the quantities originally ordered in the specitianions or drawings, by verbal or wr seen eb:mge order. llany such change affeda be amount due or the ti me o] ofinnah,c hereunder, oa equimble adjustment shal l be made. 6. TERMINATIONS. The Purchase,mar a, any time by wrinm change oma. tem,dme this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjttsbnem between the patties as many work or materials her in pmgress provided than the Purchaser shall not be liable for ony claims Or anticipated proms on the uncompleted portion ofthe grad and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goads which ere the Sellers standard stuck. Namur termination girl relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the hkne the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and fumhhed in andcl compliance with all applicable laws and regulutiom to which the good art subject The Seller shall execute and deliver such documents as may be natural to effect or evidence compliance. All laws and regulations required to be ncoryorated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nmha party, shall assign, transfer, or ama ry this order, or any monies due or as become due bercmdcr without the prior wrinm convent ofthe other patty. 10, TITLE. The Seller warrants fall, clear and considered title to the Purchase for all equipment materials, ard items f gnishnd in perfoemc a of this agreement, fire and clear of any and all Here, resuictimss, reservations, security interest mcumm etbrand claims oLoaders, acquired under federal or state antitrust laws for such overcharges ranging to the particular goods or services parchamd or acqubel by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I Him Purchaser directs the Seller m mrrect nonconforming or defective goods by a date to be agreed upon by the Purebaser and do Sella, and life Sella thereafter indicates its inability or mxillo guess to comply, the Purcl wer may taus, the work to be performed by the most expeditious memo available in it, and the Seller shall pay all casts associated with such work. The Sella shall release the Proubsser and its conignams of any an from all liability and claims of any name resulting from the pMormana ofsuch work. This .].a shall apply at in the event of fault of ncgligrnce of the parry mauaad and shall extend to the directors, oRca, and employees of such parry. The Sellers contractual obligations, including w'armnty, shall nor be domed to be reduced, in my way, because such work is performed or caused to be performed "a Purchnsa. 14. PATENTS. Wbenner the Sella is required to u¢ any design, device mmerial or process corered by lane, patent, tmdemad or copyright, the Seller shall indemnify and save Earmless the Purchases from my and all claims for infingement by reason of the use of such panmred design, device, maerial or pr«ass itt connection with the contact, and shall indemnify the Purchaser for my coat, excensc or damage which it may be offhand to pay by moon ofsucb infringement at any time during the procaehon or after the completion of the work. In case said equipmmr, or any pan thereof or the intended nice of the good, is in such .it bald m c mi h um inrringemmt and see use of mid equipment or pm is enjoined, the Seller shall, at its own expense all at its option, dtba procure for the Purchaser, the right to continue in, said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes...fOmaiug. I5. INSOLVENCY. If the Seller shdl become insolvent Or bankrupt, make an azdgurnem for the ben no of creditors, appoint a arnica or bootee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions offerings used or the imeryremtion ofthe agreement and the rights ofall parties ceremd rshall be command undo and governed by the laws off, Smte ofColomdO, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including ffc services of Sellers Represcnmtivas), on the pmmiss afofe¢ 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mine is rally completed and accepted, and shall, in case of my accident, destruaiom or injury to the work and/or materials before Sellers fatal completion and acceptance, complete the work in Seller's own expense and to the satisfaction of me Purchaser. When materials and equipment arc famished by orders for installation or erection by the Sell,, 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 famished by the Seller under the order. 19. INSURANCE. The Stile, shall, at his awn expen e, provide far the payment of workers compensation, including occupational disease benafim, I. its employees employed on or in connection with the work covered by this porchare order, and/or to their dependents in accordance with the laws Of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, bar not limited to, madmclual and automobile public li,aliy insurance with bodily injury and &orb limits of at lead $300,000 to, any one Prawn, $500,000 for any accident and property d mage limit Per accident of $400,000. The Seller shall likewise require his nntractors. if my, to provide for such compensation and insurance. Before any of the Sellers or his contract-, employees shall do any work upon the premises of others, the Seller shall famish the Purchase with a mni0cate that such compassion and insurance have been provided. Such certificates shall spout, the dare when such compensation and insurance have been provided. Such certificates shall specify fie date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Silo hereby assumes the entire responsibilily and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or primary caused by or reaching from the execution offs, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaer and any r all of the Proboscis oWant.. agents and employees frvm and agaim, any and all claims, houses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan ofthe Seller, any of his contactors, or any of the Sellers or contactors officers, agents Or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on margin or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees in aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and sll ewts, charges, attorneys fees and other apenses, any and all judgments that may be incmed by or obtained against the Puchasm or my of its or their officers, agents or employees in such suits or other proceedings, and in csse judgment or offer lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsach suits or offer proceedings, the Seller will at main cause me same to be dissolved and dcharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all guards naeamry for the prevention of accidents, comply with ell laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant femo. Revised 03f2010