HomeMy WebLinkAbout150670 STANTEC CONSULTING SERVICES INC - PURCHASE ORDER - 9147171Fort Collins
Date: 12/05/2014
Vendor: 150670
STANTEC CONSULTING SERVICES INC
2950 E HARMONY RD, SUITE 290
FORT COLLINS CO 80528
PO Number Page
9147171 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSULTING SERVICES
WO #STANTEC-SHIELDS-3
1 LOT LS
7515 Consulting Engineering Services for Water, Wastewater & Stormwater CIP Projects
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.00m
20,101.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
fm murr Wrr[arrmrm
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By same, the City of Fort Collins is ammpl from slam and local razes. Our Exemption Number is
I L NON WAIVER.
98-045M. Federal Excise Tax Exemption Certificate of Registry 84-60o056] is registered with the Collector of
Failare of the Pumhott to insist upon strict performance of the tam¢ and conditions hercoL failam or delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failue to promptly notify the Seller in the event of a
breach, the arrapance of or promoter for goods hereunder or approval ofthe design, shall not elease the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet spai ficatimm, either when shipped w due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of wriusm
purchaser to insist upon strict performance Imitator any of its rights or remedies as to any such goads, regardless
instructions from the City of Fort Collins.
of when shipped, received w accepted, as W any prior or subsequent default hereunder, nor shall any purymned
and modification or rescission ofthis purchase order by the Purchaser operate as a waiver of my of the terms
Impaction. GOODS me subject to the City of Fart Collins inspection on anivnl.
hereof.
Final Acceptance. Receipt of the merchandise, services m equipmmr in respome to this maker an repair in
I2.ASSIGNMENTOF ANTITRUSTCLAIMS.
authorized payment on the pan of the City of Fort Collins. Hmsever, it is to tr understood that FINAL
Seller and the Purchaser dropize Out in what warwmic promise, overchatga resulting fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable wined ispectioa procedures.
violations are in face home by 0¢ Purchaser. Theretofore, for good came and as conideration for executng thus
purchase order, the Sella hereby assigns m the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Pon Collin, ]OD Woad Si, Fort Collins, CO 90522. unless
acquired order friend or state antitrust laws for such overcharges relating to the particular goods or services
chastise, specified oa this other. Upermission is given to prepay freight and charge separately, the original freight
ptuelased or acquired by the Purchaser pursuant to this purchase order.
bill must wromuanv invoice. Additional charger for anclu g will sat be accepted
Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is
expected from the earnest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Sella shall procure in wiled sole cost all necessary pannier, artifcates and licenses required by all
applicable laws, mini um, otdinvnm and ales of the state, municipality, ternary m political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collin hzmdcas from and agmost all liability and lass
incurred by them by reawn of an maenad or established violation of any such laws, regulation, oNinamem, roles
and requirements.
Aullmni mion. All pndies to this contract agree Nat the representatives are, in fact bow fide mid possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Pumhase Other expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or inco"nued herein by
reference. Any additional or different tens and conditions proposed by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiately Wynn cannot make complete shipment m active on your
promised delivery date ass noted. Time is ofthe essenre. Delivery and Performance must od effected within the time
stated on the purchase order and the madmen attached hereto. No was of the Purchasers including• without
limitation, acceptance of paial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and rqumble mnedics, the option of placing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall nor to, liable for damages as a resull of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such soma of God, as ofcivil or military authorities, governmental priorities, fires, strikes, Flood epidemics, wars or
rims 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 my such delay, the date of delivery shall be
extended for the period rywl to the time mmally last by reason of the delay.
3. WARRANTY.
The Seller warrants Out all goods, wishes. materials art work covered by this offer will confirm with applicable
drawings, specificatimss, samples indoor other deseriPlra s given, will he fir for the purposes intended, and
performed wif the highest degree of care and comceeeare in mmrdance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless f my loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers bench of warranty. The Seller shall replace, repair 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 prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), reading four imperf t
or defective work done or materials famished by the Seller. Acvvpance or use of goads by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except so otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the coach of any of the finegorng warranties
no gammas, but such liability shall in no event include lass of profile err loss 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 mrrm by written change mitt.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than lep I mats, including additions to or delerions from
the qua originally Ordered in the sped ficntios or drawings, by verbal or written change order. If any such
change affects the amount due Or the time ofpedormance hereunder, an equrmble adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portion of the
goods than not shipped, subject to any embable adjustment, between the panics as to my work m matmals than in
progress provided that the Purchaser shall not b, liable for my claims for anticipated profits an the uncompleted
portion ofthe good andrm work, for incidental a mnsequmtial damages, and fat an such djwxwwd b, made in
favor off, Sella with revpmt to any goods which are the Sellers forward sack. No such moratorium shall relieve
the Purchaser of the Seller of any offcir obligations as to any good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjsemert most be ravened within thirty (30) dap from the date the change or lamination is
ordered.
g. COMPLIANCE WITH LAW.
The Seller warrants fat ail goods sold hereunder shall have ban produced, sold, delivered and famished 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 br required b effect or evidene, compliance. All laws and regulations required to be
incorporated m agreements of this chamam are hereby haoryarated brain by this reference. The Sella agrees to
iMemoify and hold the Purchaser hamtlm from all ass and damages suffered by the Footwear as a result of the
Sellers failure m comply with such aw.
9. ASSIGNMENT.
Neither party shall uslgn, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller windows full, clam and unresMcmd ride to the Purchaser for AI equipment, materials, and demo famished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, mcuriry interest
mctmbrances and claims a f other.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct mmostifrming or defective goods by a date to be agreed upon by the
Purchaser mid the Scller, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expcditiots mean available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall mace the Purchaser and its contractors of my tier fmm all liability and claims of my oamre
resulting man the performance ofauch work.
This release shall apply wen in the event of fault of negligence of the pay relmsd and shall extend to the
directors, officers and employees ofsuch pony.
The Sellers contractual obligations, including warranty, shall not be damd to be reduced, in any way, because
such work is perfumed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is demand to am any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save haddleu the Purchaser from my and all claims for infringement
by reason of the ere of such pmentd design, dwda, material or process in correction with the conduct, and
shall indemnify, the Purchaser for my cast expense or damage which it may be obliged to pay by reason of such
inGagedt. at any time during the pmucution in after the complmon of the wort. In cue said equipment, or
any pan thereof or the intended use of the good, is in such suit held b common, infringement and the use of
said empirical or pan is enposed, the Seller shall, in its own expense and at its option, either procure for the
Purchaser the right to continue using said aluipmenl or pans, replace the same with substantially awal but
nonrnfnnging equipment, or modify it am it becomes nownfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
reaciver or trustee for any of the Sellers property or business, fir order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definruon of etas umd or the mus reation of the agreement and the rights of all parties heretuMer shall be
construed under and govmrcd by de laws ofthe Sate ofColarado, USA.
The following Additional Condition apply only in cases where the Sella is in perform work hereunder,
including the smitm of Sellers Represenative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sella s own disk until the same is fully completed and accepted, and shall,
in se of my accident, destruction or injury to the work moor nationals before Seller's final completion and
acceptance, complete the work at Seudes awn expene, and to the mOsfacho t of the Pmchner. When matenals
and equipment arc famished by others for installation or action by the Seller, the Seller shall receive, unload,
score and hull. same al the sire and become responsible drere(or as foum such mammals sack., ales finew
were bring f ished by the Seller under the other.
I S. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occuprioml
i imau benefits, to its employees employed on m in connection with the work covered by this purchase order,
anoor to their dependerd in accordance with the laws of the state in which the work is in be done. The Sella
shall also carry, comprehensive general liability including, but not limited to, mntractml and automobile public
liability insurance with Mtdily injury and deaf ].,airs of at least S300p0D for any one person, S500,000 for any
accident and property damage limit per accident of $400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate
Oat such compensation and insurance have been provided Such certificates shall specify the date what such
compensation and insurance have been provided. Such cerificmas shall specify the date when such compensation
and inufuwe expires. The Seller agrees that such compesatim and romance shall be mairmind until after the
entire work is complered and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature wharsaever to persons or property award by or resulting Rom the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold landless the Purchaser and any
or all of fe Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmperry, 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 case my suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or
by reason of my act action, neglect, omission or default of the Sella of my of his command; or any of its a
their of icef. agents w employees as aforesaid, the Sella hereby agrees to umme the defame thereof anted to
&fail the same at the Sellers awn expatse, b pay, any and all ens, charges, mrawaYs Fires walk other sallar. s,
my and all judgmms that may be incurred by or obtained against the Pumchastt m my of its or their officers,
agents of employees in such suits or other procediap, and in cue judgment or other lim be placed upon m
obtained against the poi ofthe Purchaser, or said aice in or as a remlt ofsmh suits or other proceedings,
the Seller will at once rouse the same to be dissolved and drschargd by giving bond or oferwoe. The Sella and
his contractors shall take 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, the
Occupational Safety and Health Act of 1970 end all roles and regulolioo issued pursuant therein.
Revised Wn(114