Loading...
HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9957370Date: 12/9/2009 Purchase Order Number: 9957370 Page Number: 1 Delivery Date: 12/9/2009 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note Line Qty/Units Description Extended Price 1 1 LOT 224,992.00 CH-WTF-2009-3 Water Treatment Facilitiy Sery Total City of Fort CoWiny Director of Purchasing and Risk Management This order is nNahalid over $5000 unless signed by James B. O'Neill II, CPPO 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 $224,992.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes Our Exemption Nnnbc, is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instnctions from the City of Fort Collins. Inspection. GOODS are subject to the City of For Collins inspection on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to Ihis order can result in authorized payment on the pan of the City .of Foil Collins. However, it is to be undo stood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Foil Collins. 700 Wood SI.. Fort Collins. CO 80521. unless otherwise specified on this order. If pennission is given to prepay 11e•ight and charge sepal ately. the original (height bill most accompany invoice. Additional charges for packing nvi 11 not be accepted. Shipment Distance. Where nano fact urers have distributing points in various pans of the county, shipment is expected from the nearest disu'ibut ion point to destination, and excess is will be deducted 11 out Invoice when shipnhents are made fi out greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ccnificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory m poIit ictd 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 Foil Collins harmless front and against all liability and loss incurred bythent by reason of an asserted of established violation of any such laws. regulations. ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to I he terns and conditions stated herein set forth and any supplementary or additional terns and conditions annexeci hereto or inconlxnrated herein by reference. Any additional of different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised deliverydate as noted. Time is ofthe essence. Delivery and pe'Ibnnnce must be ellected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a nvaivei ofthis provision. In the event of'anydelaay, the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this order elsewhere and holding the Seller liable Tor damages. However, the Seller shall not to liable lot damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its laull ofneglivence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. flood, epidemics. was or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within live (5) days of doe tinhc when the Seller first received knowledge thereof. In the event ofary such delay, the date ofdeliyey shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit tier the purposes intended and pei finned with the highest degree of care and competence in accordance with accepted standnds for avoi k of a similar nature. The Seller agrees to hold the purchaser harmless fionn any loss, damage or expense which the Purchaser shay suffer or incur on account of the Sellen:s breach of %vananty. The Seller shall replace, repair of make• good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period oftinhe ❑sOxivbe prescribed by law of by the terns of any applicable warranty provided by the Seller after the (foie of acceptance of the goods furnished hereunder' (uccepmnce nw to Le unreasonably delayed). resulting from ingertect of detective work done or materials furnished by the Seller. Acceptance or use of goods ba the Purchaser shall not constitute a waiver of anv churn antler 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 likening w;hrrnlics 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 SHAIJ. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may stake changes to legal tennis by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal hems. including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order. I f any such change affects the amount due or the titre of performance hereunder, all equitable adjustment shall be rude. 0. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties as in any work of materials then in progress provided that the Purchaser shall not be liable for any claims lot anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustnent he Oxide in favor oftlie Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser w the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim tort adjustment must be asserted within thirty (30) days front the (late the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject.'I"he Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required t> be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless hum all costs and damages suflet'ed by the Purchaser as a result ofthe Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXV I II ofthe Colorado Constitution ("Article XXVI I I" ), then the provisions of Section 15 ofAnicle XXVII I are hereby incorporated into this [Agreement]. In such a case. if the IColluactorl or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intent ionaily violates Seem ion 1501 Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions. fill three yeas. 9. ASSIGNMENT. Neither party shall assign, transfer, or, convey this order, or anv nmonics duc or to becona• due• hereunder without the prior written consent oflhe other puny. loTITLE, The Seller warrants fulL clear and unrestricted title to the Purchaser fin' all equipment. materials, and items famished in pertol1111nce of this agreement. free and clear of any and all liens. restrictions. reservations, security interest encunibtuues and clainss of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, Elilure or delay to exercise: v rights nr remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment fair goods hereunder or approval ofthe design, shall not release the Seller orally ofthe tearrnt ies or obligations o f this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict perfinmtance hereof of any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted ,is to any prior or subsequent default hereunder, nor shall any purported It modification of rescission of this purchase order by the Purchaser operate as a waiver of any of the teats hereof. I'_. ASSIGNMENT' OI' ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in Ian borne by the Purchoser.'I'heretofoic. for good cause and as consideration fior executing this purchaseorder, the Seller hcieby assigns to the Purchaser any and all claims it may now have of hereafter acquired under federal or state antitrust laws lit such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURC'IIASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be net upon by the Purchaser:nth the Seller, and the Seller thereafter indicates its inabilityoi unwillingness to comply, the Purchaser may cause the will to be performed by the Must expeditious means available to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tier from all liability:md claims of anv nature resulting fioni the Iles fiorniamce of such work. This release shall apply even in the event of fault of negligence ofthe petty released and shall extend to the directors. officers and employees of such party. Tile Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is perfivnned or caused to he performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser front anv and all claims for infiingerent byreason ofthe use ofsuch patented design, device, nhaterial of process in connection with the contract. and shall indemnifythe Purchaser Ill any cost, expense m damage which it may be obliged to pay by reason ofsuch infringement at any tine during the prosecut ion of afier the completion of the work. In case said equipment, or any pat thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment Is pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or prams, replace the same with substmttialiv equal but non-infiinging equipment, or modify it so it becones nun -infringing. 15. INSOLVENCY. Ifthe• Seller shall become insolvent of hankrupt. make an assignment fur the benefit ofereditors. appoint a receiver or trustee till any of the Seller property or business. this order may forthwith be canceled by the Purchaser without liability. 10. GOVF,RNING LAW. The definitions of terms used w the intenpnetation of the agiecnent and the rights of all parties hereunder shall be nnsumed under and govened by the laws ofthe State of Colorado, USA. The tollotving Additional Conditions apply only incases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILI"I l' The Seller shall carry on said work at Seller's own risk until the sane is tidly completed and accepted, and shall. incise orally accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance. emnplrte the work at Seller's own expense and to the satisfxtion o(the Purchaser. \Vhen materials and equipment anv furnished by others for installation or erection by the Seller', 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 furnished bythe Seller under the order. IS. INSURANCE. 'I"he 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. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also cant' 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 prison, .$500,000 fin' any one accident and property damage limit per Accident of $400,000. The Seller shall likewise require his conn'actors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, tine SCliel'shall furnish the Purchaser 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 certificate's shall specify the 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 Seller hereby ❑ssunaes the entire responsibility and liability for any anti all damxage, loss or injury ofany kind or nature avhaisoevei m persons or property caused by or resulting front the execution ofthe work provided for in this purchase order of in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any orall of the I'urchascts ollicers. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or properly to which the Purchaser may be put or subject by reason ofaty act, action, neglect. omission or default on the pan ofthe Seller, any ofhis contractors, or any ofthe Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at anytime 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, the Seller hereby agrees to assume the defense thereof and to defend the same in the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by of obtaineciagainst the I'urclrser or any of is or their officers, ageus or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly of the Purchaser, or said pities in or as a result ofsuch suits of other proceedings, the Seller will at once cause the same to be dissolved and dischaged bygiving bond or otherwise. file Seller and his contractors shall take all safety precautions, fi trash and install all guads necessaryfor the prevention of accidents. comply with all laws and regulations with regard to safety including, but without linuitatiun. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.