Loading...
HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9144476Fort Collins PURCHASE ORDER PO Number Page 9144476 left This number must appear on all invoices, packing sli i and labels. Date: 08/05/2014 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 CO 80528 FORT COLLINS CO 80521 Delivery Date: 08/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price GEOINVESTIGATION- NSHIELDS 1 LOT LS 32,135.00 SANITARY SEWER EXTENSION PROJ 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. $32,135.00 Pay terms net 30 days 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 exenaptiom. By suture the City of Fort Collis is exempt tram sate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84 M00587 is regimrred with the Callttmr of Failure of the Purchaser ro basis, upon strict per( ante of the arms and conditions hereof, failure or delay to Intemil Revenue, Dearer, Colorado (Ref. Colorado Revised Statutes 1973, Clupter 39-26, 114 (a), exercise any rights or remedies prmided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofm Payment for goods bereunder or approval of the design, shall not release the Seller of Good R jeted. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of any of the warranties or obligations of this intrinsic order and shall not be deemed a waiver of any right of the damage in tmmit, may be, rerumed to you for credit and are not to be replaced except upon receipt of written purchaser 10 imisa upon ruin pembrmavre hereofor any of its rights or remedies m ra any wcM1 good, regardless instructions from the City of Fon Collins. of when shipped. received or accepted, as many prior or subsequent default hereunder, nor shall any purposed cost modi notion or rescission of this pmchag molar by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or eym,nem in response to this order an result in 12. ASSIG NMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchase, recognize in., in sawl m e practice, avica es resulting fiom antitrust ogoad ACCEPTANCE is dependent upon completion of all appliablerequirev d inspection procedua, viuhniuns are in fact home by the Purchaser. Theretofore,nft cause and as consideration for executing this purchase order, the Seller hereby assigns to IM1e Purchaser any and all claims it may now have or hereafter Freight Temrs. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, mdess acquired under federal or state antitrust laws for such overcharges relating. the particular good or services otherwise specified on this order. Upnmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pamhawr pursuant to this purchase order. bill most accompany invoice. Adi itiowl charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where menummrers have distributing points in various parts of the wountry, shipment is I fthe Purchaser directs the Sella to comer nonconfo,ming or defbrive good by a date to be agreed upon by the expected from the ..,as, distribution point to destination, and excess freight will M deducted from Invoice when Purchaser and the Sella, and the Sella thummer indicates its inability or unwillingness to comply, the Producer shipments ate made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all moss mxOwnwed with such wok. Permits. Seller shall procure at milers sole cost all necessary permits, cenificmes and licenses required by all applicable laws, regulaiom, ordinances and rates ofthe scale, municipality, territory or political subdivision Where On work is performed, or required by any other duly constituted public authority havingjurisdictim over the work of rendo. Sella number agrees to bold the City of Fort Collins hmmlecs from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and mmiragaus. Authurizmiun All parties to this contmcr agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Dole, expressly limits Pacamuce to the tams and conditions stated herein art font and any supplemmmry or additional terms and conditions annexed hereto or incorymated herein by reference. Any additional or different terms and candiumus proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to active an your promised delivery date m noted Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attaches) hereto. No gas of the Purchasers including, without limitation, acceptance cf partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this oiler rlsewhert and holding the Seller liable for damages. However, the Sella shall not be liable for damages m a result of delays due to causes not reawrmbly mancesuble which are beyond its reasonable control and without its fault of negligencr, such gsof Gad, as I' civil or ndllaary anthoriries, govemmenul priomics. Tres, strikes, Rood, epidemics, wars or noes provided that notice of the conditions causing such delay is given to the Purchases 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 far the penal equal to the time actually lost by ream. ofthe delay. 3. WARRANTY. The Sella wartants that all good, articles, materials and work covered by this order will conform with applicable drawings, spnifiefims, samples and., other descriptions given, will be Et for the purposes hnmded, and performed with the highest degree of care and competence in accordance with accepted standard for wok of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, &mane or expense which the Purchaser nay suffer or incur on account ofthe Sellers breach ofwananty. The Seller shall replace, repair or make good, wiaham cost to the wimhmrr, any dePocrs or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns crony applicable warranty provided by the Sella after the data of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Committed by the Seller. Acceptance or use of goods by the Purchaser shall or 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 proximately caused by the breach of any of the foregoing w'arranaiu or guarantees, but such liability shall in no Bent include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser, may mike changes to legal tams by waiam change under. _ 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal know, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vabal or wrocin change order. If any such change alias the amount due or the time ofperfomaance hereunder, an equitable ndJusucent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mrminam this agreement as to any or all portions of the goods then not shipped, mbjed many equnable adjustment between the ponies as 10 any work or maenads than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods andor work, for inciden nd or consequential damages, and that no such adjustment be made in favor of the Seller with respect so any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of than obligatiom as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nsmed within thirty (30) days from the date the change or temtination is im rred. S. COMPLIANCE WITH LAW. The Seller amounts that all good sold hereunder shall have been produced, sold, delivered and banished in stria compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents m may be required to effect of evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby Pummeled herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all roes and damages sulTend by the Purchaser as a result of the Sellers failure ro comply with such law. 9. ASSIGNMENT. Neither party shall assign, a ci tea or convey this Pula, or any monies due or to become due hereunder whimuuhe poor onmen consent of the other pang. 10. TITLE, The Seller wumams full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in pert romance 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 per from all liability and claims of any ruwrc osuhing from dare performance ofmch work. This relemr shall apply e'en in the m'ent of fault of negligence of the parry released and shall extend P, the directors, officers and employees ofwch party. The Sellers contractual obligations, including warranty, shall not be, deemed to be reduced, in any way, because such work is Mounted ar caused to be posdarmed by the Purchaser. 14. PATENT S. Whenever the Seller is romined m use any da igu, device, m onial or process covered by letter, patent, tradeneirk or copyright, Ibe Seller shall indemnify and save humdess the Purchaser from any and all claims for infringement by meson tar the me 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 may be obliged to pay by reason of such infringement at any time during the prosecution or after the complacian of the work. In case said equipment, or any prat therm( or the intended use of the good, is in such suit held to cottstime 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 Purchma the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes twninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmtkmpt, nuke an assignment for ate benefir of creditors, appaim a mi in uustce, for any of the Sellers property or business, this order may fombwirh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition Priam used or the interpretation of the agreement and the rights ofall parties hereunder shall No construed under and governed by the laws ofthe State ofColmdo, USA The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Repmeentativebs), on thecases promises ofonam. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Seller's own risk until the wore is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work era&., motend s before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mmerials and equipment are famished by others for installation or creation by the Seller, the Seller shall receive, unload, stare and handle same at the site and become msponible therefor as though such materials and/or cquipmmt were being famished by the Sella under the order. R. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers eompeasation, including occupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, waaVor to their dipendens in accordance with the laws of the sum in which the work is to be done. The Sella shall also cant' comprehensive ground liability including, but not limited to, cormorant and amornmile public liability imumnee with bodily injury and deaw hmira of at least 5300oa0 for any one Person. 9500.000 far any accident end property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors eroployess shall do any nark upon the premises of others, the Sella shall famish the parchment with a certificate that such mmpmaaion and insumnce have been p... Wed. Such certificates shall specify the data when such umpensatiun and immunity have been provided. Such cenificmes shall specify the date when such campenadjan and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until am the entire work is completed and accepted. 19, PROT'F.CT'DON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any cod all damage, loss err injury of any kind or nature whatsoever to persona 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, aga. and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or propmy to which the Purchaser may be put or subject by nowen of any act, action, neglect, omission or default on the part of the Sella, any of his convectors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other monarch., shall be brought against the Purchaser, Or its officers, agents or employees at any rime on account or by reason of coy act, action, neglect, omission or default of the Sella of any of his mnhanors or any of its or their officers, agents or employees as aforevid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all ems, charges, attomeys figs and order expenses, any and all judgments that nay be incurred by or obtained against the Purchaser or any of its or their officers, agars or employees in such suits or other proceedings, and in case judgment or other lien be placed upon in obtained against the property of the Pumhna, err said parties in or as a result of such suits or often proceedings. the Sella will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Pike all safety precautions, famish and immld all guards necessary for the prevention of accidents, comply with all laws and re,thi ions with regard an safety including, bat wihoua limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant there.. Revised 01I2014