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HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9146635PO PURCHASE ORDER 9146635 Page City, of 9146635 1of2 Flirt Collins This number must appear /_^,�—,J`-, on all invoices, packing sli s and labels. Date: 11/12/2014 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: 11/1212014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSULTING SERVICES N. SHIELDS ST FINAL DESIGN iIII lei I 11 7515 Consulting Engineering Services for W/WW & Stormwater Facilities CIP 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 87,845.00 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. COMMERCIALDET'AILS. Tax exemptions. By statute On City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Conifate of Registry 84-6000587 is regismred with the Collector of Failure of the Purchaser to insist upon strict Fwformamen of the terms and conditions hereof, failure or delay to fewer) Revenue, Denver, Colorado (Raf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any sights or remedies provided herein or by law, failure to promptly notify the Seller in the event of. breach, the concpmaa afar payment far goods hommder orapprovel of the design, shall not exhow the Seller of Goods Rejected. GOODS REJECTED due to failure to meet Wcaftiwtima, either when shipped or due a defects of any of the commodes or obligrtiom of this purchase oNes ad shall not be deemed a waiver of on, right of the damage in transit, may No resumed to you for credit and are not to be replaced except upon nectars of wmten purchaserm insist upon shad performance, hereador any of its rights or remedies m many such goods, regardless insh oadwas from the City of Fan Call.. of when shipped, received or webbed, as to any Prior ar inctum unit default haremder, nor said any purported am] modificanmr or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Impeation. GOODS are subject to the City of Fan Collins inspection on normal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the But of the City of Fort Collins. However, it u to be understood that FINAL practice, o erchaes resulting tram antitrust Seller and me Purchmw recognize that in crowd economicovercharges ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Parchavow. Theretoforefm goal wuu and as consideration for executing this purchase other, the Seller hereby assigns to the PureM1aser cry and all claims it may row have or hereafter Freight Terms. Shipments most be RO.B., City of Fan Collins, too Wood St., Fort Collins. CO 80522, unless acquired under federal or suite atitmat laws for such nominal relating to the particular goods or services othorwise, specified on this order. If permission is given to prepay freight and charge separately, the origiwl freight pumM1med or acquired by me Pmchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be rotational Shipmem Dismnce. Where no nfifwmrem have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pressure at sellers sole cast all aeceuary p .as, ceNBcates and Incomes required by all applicable laws, raged.liom, ordirences and roles of the won, municipality, ternary or political subdivision where the work is performed, or required by any other duly committed public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and regnirennems. Authorvadon. All parties to this contract ogee mat the repascntaaves are, in fact, bona fide and possess fall end complete authority to bind said panics. LIMITATION OF TERMS, This Prurience Order expressly limits acceptance to the terms and emotions stated herein sal India and any supplementary or additional terms and con litiom wous ed hereto or incorporated herein by utterance. Any additional or diRerenl terms and conditions proposed by seller are objected to and hereby rejeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make camplcle shipment to or oa your promised delivery date m noted. Time is of the essence. Delivery and performance faun be erected within the time stated on me purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, occurrence of partial late deliveria, shall operate as a waiver ofthis provision. In the event of any dairy, the Purchmer shall have, in addition to other legal and equitable remWies, the option ofpl.ai, this ardor elsewhere and holding me Seller liable for damage. However, the Seller shall eat be liable for damages as a newt of delays due to causes not reawrebly foreseeable which are beyond its remanable enrol and without its fault ofne di core. such acts ofGod, acts ofeivil or military authorities, governmental priorities, puts, shilres, hood, apidemia, wars or nuts provided that notice of the conditions musing such May is given to the Purchaser within Eve (5) days of me time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for me period equal to the time actually lost by posers of the delay. 3. WARRANTY. The Seller wanems that all goods, article, materials and work covered by this order will nonfarm with eplimble drawings, sperificati., samples andfor omen descnptiom given, will ba fit for the purymes intended, and perforated aim the highest degree of ewe and competence in accordance with accepted standard for wmk of a similar nature. The Seller agree, to hold lie purchaser hvmless from any lass, damage or expense which the Pmcha wr may suQor or incur a account of the Sellers breach of warranty. The Seller shall replace, again or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be precribed by law or by the temu of any applicable warranty provided by the Seller aRw me date of acceptance of car goods furnished hereunder (arceptare not to be unre monthly delayed), resulting from imperfect or defective work done or noweoafs famished by the Seller. Amepmwe or me of goods by the Purchaser shall not common, a waiver of any claim ado this wmpmty. Except as otherwise provided in this purchase order, the Seller liability hereunder shall extend to ail damage Proximately omed by the breach of my of lho foregoing wmmntio or guarantees, but such liability shall in rat event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal temp by written change order 5. CHANGES IN COMMERCLAL TERMS. The Purchaser may make any change to the terms, other than legal terms, including additions to or deletions from the quantities originally orderad in the specifications or drawings, by verbs or written change am, If any such change affects the amount due or me time of performance bartender, an act ilable adjustment ahall to made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the Parties son, any work or matenals then in progress Provided that me Purchaser shall not be liable for any claims for anticipated profits on me .completed portion of the good anchor work, for incidental or emar comizl damages, and that no such adjustment be made in favor ofthe Seller with aspect to any goads which are the Sellers imndant stuck. No such termiwtion shall ¢lies the Parcbaser or the Seller of any oftheir obligations as to any goods delivered hmader. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the data the change or termination is ordered. B. COMPLIANCE WITH LAW. The Seller warrants That all goods sold hereunder shill have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which 0a goods are subject The Seller shall oeote and deliver such documents as may be required to effect or evident compliame. All cows and regulations rryuired to be wmpaamed in agreements of this character an hereby memparamed herein by this reference. The Seller agrees to indemnify end hold the Purchaser harmless from all casts and damages suffered by the Purchaser ses a resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or airy monies due or to become due hereunder without the poor written cement of me other party. 10. TITLE. The Seller warrants full, clear and concentrated title to the Puahauf for all equipment, materials, ad items famished n performance of this agreement, free and clear of any and all liens, restict own, esmations, security interest recumbrances and claims ofothens. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directa the Seller to correct nonconforming or detective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller t rwaid er indicates its inability or unwillingness to comply. the Pmchuer may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall releau the Purchaser and its comments of any tier tram all liability and claims of any aware eeulting from the performance ofsuch work. This release shall apply even in the rent of fault of negligence of the party released and shall extend in the direalors, ntlicars and employees nf.ah By. The Sellers contractual obligation, including warranty, shall new be, deemed to be reduced, in any way, because such work is Performed or extend to be performed by me Purchaser. 14. PATENTS. Moreover me Seller is required to me any design, device, mmesial or process covered by Iwas, Boom, trademark r copyright, the Seller shall indemnify aced save harmless On Purchase, from any and.11 claims far infringement by reaon of 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 many time during the prosecution or after the completion of the work. In case said equipment, or any Pan 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 rejoined, the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pops, replace the same with substantially equal but ...info -aging equipment, or modify it so it beome neninGicaftel 15. R4SOLVE bcY. If the Seller shall become insolvent or bankrupt, make re assignment far the bereft of creditor appoint a receiver or movies for any of the Sellers property or business, this order may forthwith be canceled by the Purchaserwithout liability. 16. GOVERNING LAW. The definidom oftcmn used or the interyeuitia crime agreement and the rights ofall panic hereunder shad ho comrrued uMer aM governed by the laws offt a Same ofColomdo, USA. The following Additional Conditions apply only in taus where me Seller is to perform work hre order, including the smite of Sellers Represenuitive(s), on me premises of amers. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any written, destruction or injury w me work anther materials bet Sellers fret completion and acceptance, complete the work at Sellers own expense and to me satisfaction of the Parelami When matmak and equipment ere f idad by others for humiliation an erection by lho Seller, the Seller shall receive, unload, store and handle same at the site and become depommle therefor as though inch materials and/or equipment were being fumishW by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its amployces employed on or in connection with me work covered by this purchase order, =&in to their dependents in werdance with the laws of the state in which the work is m be done. The Seller shall also any comprehensive general liability including, but not limited to, covtrumanl and autarwbile public liability insurance with bodily injury and dam limits of at least S300,00o for any one person. S500,000 for my one accident and property damage limit per accident of S40ftW. The Sella shall likewise require his contractors, if my, m provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon me premises of others, me Seller shall warmish the Purchmer with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and Insurance have been provided Such comforter shall specify me date when such compensation and insurance expires. The Sella, agrees that such compensation and insurance shwl be maintaiwd until all me entire work is completed and wcepsed. 19. PROTECITON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aasumea the entice rapomibilby and liability far any and all damai loss or injury ofay kind or name whatsoever to persons or property caused by or resulting from the execution afthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which me Paramount may be put or subject by roan of any act, action, neglect, omission or default on she pan of the Seller, my of his contractors, m any of the Sellers or contractors omeers, agents o employees In case any suit or Omer proceedings shall be brought against the Purchaser, of its Diem, agents or employees at any time an wear or by ream. of any eat, action, neglaa, omission or default of me Sella of any of has cony ems or any of its or their objects, agents or employees as of mid, the Seller herby agrees to assume me defame donsof and to defend the same at the Seller own expense, to pay any and all routs, charges, anomays fares and other..,a es, my and all judgments that may be insured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment m omer lien be placed upon or obtained against the property ofe Purchaser, or said parties in car as a result ofsuch suits or other proacca e, me Seller will at once cause me same to be dissolved and discharged by giving bond or omerwiu. The Seller and his contractors shall take all safety precautions, famisM1 and install all goods meessvy for the perception of accidents, amply with all laws and regulations with regard m safety including, but without limitatim He Occup fiVal Safety wid Heath Act of 1970 and all roles sad regularmns issued purstunr Ihtteto. Revised 07R014