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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9146061City of FF6rt Collins Date: 10/17/2014 PURCHASE ORDER Vendor: 150670 STANTEC CONSULTING SERVICES INC 2950 E HARMONY RD, SUITE 290 FORT COLLINS CO 80528 PO Number Page 9146061 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 10/17/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Design of Fossil Creek Trail Underpass at BNSF Railroad Design of Fossil Creek Trail underpass at BNSF Railroad per work order signed 9/26/14 and scope of final design 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 68,489.00 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 L COMMERCIALDETAILS. Tax exemptions. By aware the City of Fort Collins is exempt from state and local taxes. Om Exemption Flambeaux 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Curtifcme of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon covet performance of the it. and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in foe event of a breach, the acceptance arm payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure w meet specifications, either when shipped or due to defects of any of the wamenties or obligations of this purchase order and shall not be deemed a waiver, of any right of the damage in transit, may be retumd to you for credit and are not to he replaced except upon receipt of written purchaser to imist upon strict performance Forearm any turns 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 era) modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to me City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of foe merchandise, services or equipment in response to Ms order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in acaol economic practice, overcharges resulting fiom antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by be burchrece, Theretofore,for 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 fiencifter Freight Tenn,. Shipments must be F.O.B., City of Fart Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust lows for such overcharges relating In the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional chances for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will bed ducted from Invoice when shipments are made form greater distance. Permits. Seller shall private an sellers sole cost all necessary permits, certificates and licenses required by all applicable lases, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any otter duly constituted public amusing, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamrive, from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miles and requirements. Authrnzation. All parties to this contract agree that the representatives are in fact, bona fide and possess full and complete authonty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yru cannot make complete shipment to mrive on your pm nord delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No ace 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, the Purchaser shall have, in addition to other legal and equitable readies, me option of placing this order elsewhere and holding the Seller liable for damages. However, Me Seller shall not be liable for damages as a tool, of delays due to causes not easonably foreseeable which are beyond its reasonable cannot and without its fault of negligence, such acts of God, acts menial or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nets provided that notice of the conditions causing such delay is given a the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, be date of delivery shall be extended for the Period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that of goods, articles, materials and work covered by this .,it, will conform with applicable dmemp, specifications, samples and/or other descriptions given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar eatme The Seller agrees to hold the purchase harmless from any loss, damage or expense which the Purchase may suffer or incur on account ofthe Sellers breach of warnmV. The Seller shall replace, repair or make good, widmw cosr to the purchase,, any details or faults ansing within one (I) year or within such longer period of time as may Ise preseil d by law or by the terms of coy applicable warranty provided by the Seller after the data of ceschame of the goods fmished hereunder (aaaepti nce art to be unreasonably delayd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor one mte 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 branch of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 hung,, In legal terra by wrten change order. 5. CHANGES IN COMMERCIAL TERMS The Pnrchucer may make any changes to the terms, other than legal terror, including additions to or deletions from be quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change aft'ects the amount due or the time of perfrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnmm change order, terminate this agreement re to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials than in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted Income of the goods maker work, for incidental or consryuential damages, and that no such adjustment b, made in favor of the Seller with respect to any goods which ere the Sellers standard stock No such rumination shall relieve the Purchaser or the Seller agony of their obligations as to any grads delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase as a remhll of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to became due hereunder without the ,or women consent of the other party. 10. TITLE. The Seller warrants fill, clear and unrestricted title to the purchaser for all equipment, materials, and items famished In performance of this agreement, free and clear of any had all bens, miniatures, reservations, security interest ancumbrances and claim, of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, be Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs seakiated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend at the directors, officers and employees of such party. The Seller's commetual obligations, including waranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, parent, trademark or copyright, the Seller shall indemnify and save harmless flac purchaser from any and all claims for infringement by remain of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is ado ired, the Seller shall, at its own expense and at its option, either procure for the Purchaser foe right to continue using said equipment or pans, replace the same with substantially equal but noniafringing equipment, or modify it so it becomes mninfnnging. 15. INSOLVENCY. If foe Seller shall become insolvent or bard mpp make an assignment for the benefit of creditors, appoint a receiver or trustee for any of foe Sellers property or business, this order may forthwith be canceled by the purchaser without [ability. 16. GOVERNING LAW. The definitions ofterms used or the interyrmation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws oftha Stare rf Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representltive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Salle/s own risk until the some is fully completed and accepted, and shall, in e of any accident, destruction or mjury to the work harbor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and m be satisfaction of me purchaser. When materiah and equipment are famished by others for installation or erection by me Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials ankm equipment were being famished by the Seller under me order. I& INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, poker to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 6500,000 for any coaccident and property dmage limit per accident of S400,00u The Seller shall likewise require his ntractors if any, to provide for such compensation and insurance. Before any argue Sellers or his economics employees shall de any work upon the premises of others, the Seller shall famish be Purhaser with a certifimle that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mitre responsibility and liability for any and all damage, loss or injury of any kind or name whatsoever to persons or propery caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any or all of the Purchasers officers, .,ants and employees Gom and against any and all claims, losses, damages, charges or expenses, whether direct or insured, 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 part of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In com any suit or other p tea edings shall be brought against the Purchase, or its officers, agents or employees at any done on 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, be Seller hereby opera to assume the defers, thereof and to defend the same at the Sellers awn expense, to pay any and all evens, charges, avomeys fees and chart expenses, any and all judgments Fiat may be mcuned by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or chained against be property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause be same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall eke all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, foe Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 09R014